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Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....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 Advocate Mr. Abdul Mannan after taking a......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)...... 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)
....se and make up the lacuna which, at the present moment, exists. In our opinion the lower appellate court did not commit any error of law in rejecting the prayer for additional evidence in the facts and circumstances of the case. It was, therefore, not proper for High Court Division to inter......Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respo......auia and also thirteen pieces of rent receipts to show their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said documents as additional evidence. The learned District Judge rejected the prayer for acceptance of the additional evi..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
.... Keranigonj which was rejected by the trial Court but allowed in revision by a single Judge of the High Court Division by the impugned judgment and order dated 21 November, 1995. 2. Material facts of the case, briefly, are that on 24.7.94 appellant No. 1, Askar Ali as sole plaintiff insti...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv......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)
.... 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 Hazera Khatun along with others......ury CJ Mainur Reza Chowdury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. ......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)
.... the evidence of approver should be supported by independent corroborative evidence connecting the accused with the commission of the crime is now regarded as a rule of law. Therefore, in the facts and circumstances of the case and the materials on record, we are of the view that it wi...... (M. Faisal H. Khan, A.A.G. with him) instructed by B. Hossain, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 63 & 64 of 2003 (From the Judgment and Order dated 17.12.2002 passed by the High Court Division in Death Reference No. 5 of 2000 hear...... granted to consider the submissions that the approver witness (P.W.20, Nur Alam) being an accused of 23 cases and having been given assurance that he would be acquitted in all the cases, his evidence should be left out of consideration; that provisions of section 338 of the Code of Crimina..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....g that the suit barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. 3. Material facts necessary for disposal of the point raised briefly are that the appellant as the plaintiff in...... Present: Mainur Reza Chowdhury J KM Hasan J Syed JR Mudassir Husain J Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. ......nsel, appearing for the appellant, contends that the learned Assistant judge while rejecting the earlier application of the defendant under Order 7 Rule 11 of the Code of Civil Procedure held that evidence is required to determine the cause of action of the filing of the suit and the said decisi..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
.... was dismissed on 30.3.1998. While dismissing the review petition, the learned Additional District Judge observed that the findings given in the Misc. appeal were in accordance with law and no new facts were introduced. The learned Additional Judge also referred to the decision reported in 49 DL...... ADC (2005) 143. ......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)
....esh, and a learned Single Judge of the High Court Division, by the judgment and order dated 11.8.1997 made the Rule absolute and decreed the suit after setting aside the concurrent finding of facts arrived at the courts below. The defendant being aggrieved by the said judgment of the High C...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003.......inable 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 of reversing them, and also of the oral and documentary evidence on record. He submits that the High Court Division exceeded its jurisdiction in se..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.......tiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-...... others vs. 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..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. ......slam, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No. 105 of 1999. (Form the Judgment and Order dated 3rd November, 1999 passed by the High Court Division in Civil Revision No. 377 of 19......s of rents in the Court of Rent Controller with his permission. He further submits that the learned Single Judge did not commit any wrong to send the suit on remand for determining default on fresh evidence and that without framing any issue in respect of bonafide requirement the learned S.C.C Jud..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ive. Mr. Khondker Mahbubuddin Ahmed has also given emphasis on the fact that the petitioner was found not guilty in the case started against him on the above allegation. So, he has argued that the facts stated in the F.I.R. are not true. 9. In this appeal we are not concerned as to whethe...... Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and others……...Respondents Judgment August 26, 2003. Lawye......ays cannot be accepted. 11. As regards the limitation, Mr. Khondker Mahbubuddin Ahmed has argued that the High Court Division and also the Labour Court failed to take into consideration the evidence of P.W. 1, peon who admitted that the return of service was written under pressure of his ..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
.... 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 since 10.5.65 had been serving as a mistry in A......bsp; Adamjee Jute Mills Ltd. and anr. .................Appellants Vs. Chairman, Labour Court and anr.........Respo......the IRO, that the complaint case was also not maintainable, in view of the fact that against an order of termination simplicitie no case lies under Section 25 of the Act. 4. Considering the evidence of 1 PW and 4 DWs along with the other documentary evidences the Labour Court dismiss..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....by the Subordinate judge, Arbitration Court, Dhaka, on 23 February 1995 in Arbitration Case No. 38 of 1993 brought by the appellant and dismissed the arbitration case. 2. Briefly stated the facts are these. In order to build the Kurmitola International Airport in Dhaka the Deputy Commissi...... Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - Fo...... 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. ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....rward, "negative the case of the plaintiff and exposes the behavior of the plaintiff to great suspicion and doubt and bears the testimony of dishonest and malafide motive". From the above facts, materials and evidence on record, among other observations, the High Court Division held th...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......e impugned judgment of the High Court Division allowing appeal in F.A. No. 277 of 1994. The High Court Division, inter alia, found that the plaintiff failed to prove its case by adducing necessary evidence and all the "evidence and materials show and support the case of the defendant that ..Category: Civil Law | Date: | Hits: 138
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... respondent No. 13. In C.A. No. 257 of 2001 Bazlur Rahman is appellant and Bushra Complex Ltd. is respondent No. 13. They have been referred to as appellants in this common judgment. 4. The facts are that the disputed plot of land No. 3/1, Block-A, Lalmatia Housing Estate measuring .041/2......san J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Re......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)
.... absolute in Criminal Revision No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. 104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Cod...... No. 1 (In Criminal Appeal Nos. 3-5 of 1996). Not represented - Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996 (From the Judgment and Order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision N...... 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. ..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
.... be sought against the defendant and the suit should be dismissed as legally misconceived. Consequently the judgment of the High Court Division should be set aside. 3. The facts relevant for disposal of the appeal are that the respondents as the plaintiff filed Other Su......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1......ision's judgment dated 2.12.1999 in Civil Revision No. 182 of 1990 is wrong and perverse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that- (a) Exhibit-"A" registered kabala dat..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
.... by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kali...... This Case is also Reported in: II ADC (2005) 52. ......ve to appeal. 5. Leave was granted to consider the submission that the court of appeal below having found that as per recitals in the disputed deed it is a deed of exchange and no oral evidence contrary to the same was admissible and no consideration money was paid. T..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
.... of Settlement in holding the property as abandoned 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 o......pellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. Alhaj......udgment of the Court of Settlement which is a well reasoned one and that said judgment was made upon consideration of the facts and circumstances of the case in the background of the papers and the evidence brought on record by the parties. 8. The contention of the learned Additional Attorney G..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....al .49 decimals and for a preliminary decree for .11 decimals being the share of the plaintiff at the first instance. In making the prayer for partition by amendment the plaintiff stated some more facts in the amendment petition which were not inconsistent with the facts already disclosed in the...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......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
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