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Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....t awarded was found to be fully justified and not liable to be reduced even. Therefore even if the appeal was not disposed of on merit on remand by the High Court Division, there was no failure of justice. For the same reason, the learned Deputy Attorney General submits, there need not be a rema......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ...... Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred to: Mujibur Rahman Vs Bangladesh 44 DLR (AD) 111; Taleb Vs. Bangladesh 45 DLR(AD) 45; Ehtes......ve Appellate Tribunal in Appeal No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction i..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ...... any other mode of proof. The impugned kabala has been proved under Section 91. 13. Section 92 of the Evidence Act provides that when a document described in Section 91 has been proved according to Section 91, "no evidence of any oral agreement or statement shall be admitted, as......the Judgment and Order dated 8.4.96 passed by the High Court Division in Civil Revision No. 863 of 1994.) Judgment AM Mahmudur Rahman J.- This appeal by leave at the instance of preemptor appellant Tambia Khatun a against the Judgment and order passed by the High Court Division on ......ing the final court of fact arrived at the findings that the transfer in question is a sale and not an exchange on consideration of oral evidence on record the learned Single Judge fell in error of law in setting aside the Judgment of the lower appellate court without adverting to the reasoning ..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: Jamna Prashad vs. Gopinath, 19 I.C. 984; Lala Balbir Singh vs. Amar Singh, 39 I.C. 590=...... pending, as that will be putting the cart before the horse. The permission granted to the plaintiff-respondents was therefore misconceived and cannot be sustained. The High Court Division erred in law in not comprehending the nature and scope of the suit itself. The appeal is allowed but..Category: Procedural Law | Date: | Hits: 64
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ...... and illegal. 4. After obtaining the order of dismissal the first party sent his grievance petition by registered post on 21.6.1992 but the second party (Jute Mills) did not consider it and accordingly, the first party filed Complaint Case No.52 of 1992 and prayed for setting aside the or......No. 55 of 1992. 2. One Golam Mostafa (respondent No. 2 herein) filed Complaint Case No. 55 of 1992 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 hereinafter to be called the said Act before the Chairman, Labour Court, Khulna contending that he was appointe......d Act which is misconduct. 8. Having gone through the judgment and order of the Labour Court as well as the High Court Division we find that both the courts below committed an error of law in construing section 17(1)(a) where the provision of section 18 of the Act is not requir..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......cate-on-Record - For the appellants Md. Nawab Ali, Advocate-on-Record (absent) - For respondent No. 1 (ii). Md. Aftab Hossain, Advocate-on-Record - For respondent Nos. 1 (i), 1(iii) to 1 (xiv). Civil Appeal No. 1 of 1996 (From the Judgment and Order dated 29-6-94 pas...... the plaintiff in favour of the defendants are null and void and are not binding on him. 3. Defendant Nos. 1 and 2 contended in their written statement that the suit is not maintainable in law and that the suit was false and concocted. Defendant No. 1 resided in the house of the plaintif..Category: Property Law | Date: | Hits: 34
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......the Judgment and Order dated 12.02.1996 passed by the High Court Division in Criminal Revision No. 17 of 1987) Judgment MM Ruhul Amin J.- In Criminal Appeal No. 17 of 1996 was granted to consider the submission that in derogation of all principles of quashing the High Court Div......red from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in violation of settled principles of law in this regard. 2. It appears that the High Court Division found that the instant case w..Category: Criminal Law | Date: | Hits: 38
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......am took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time and, therefore, the appellant repeatedly requested him for reimbursement of the money and accordingly the respondent No. 1 on 18.06.2000 issued a cheque of Tk. 10 lacs and the same was depo......ry J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and another................Respondents Judgment January 10, 2005. Case Referred to- Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another 9 MLR (AD) 299. Lawyers I......ashing the proceeding and hence is this appeal. 4. In support of the appeal, Mr. M. Shamsul Alam learned Senior Advocate submits, inter alia, that the High Court Division committed error of law in not observing that the petition of complaint disclosed the alleged offence and that the..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....l court for the third time which was rejected on 09.09.1995, against which they obtained a rule and the learned Judges of the High Court Division granted bail to the accused respondent for ends of justice up to 15.08.1996 directing the trial Court to try and dispose of the case within the said p......th the direction of this Division and surrendered when trial could not be concluded within the time fixed by the Court and thereafter with the lapse of time they could make prayer for bail and accordingly made the prayer and the High Court Division after assigning cogent reasons granted bail......hellip;.Appellant Vs. Md. Abdus Satter and others......Respondents Judgment April 5, 2004. Lawyers Involved: Syed Abu Kowser Md. Debirush Shan, Deputy Attorney General, instructed by Mvi Md. Wahidullah, Advocate-on-Record – For the Appellant ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......mmitting one of the offence or more as mentioned in clause (c) of section 195 (1) Cr. PC. 14. In the background of the discussion made hereinabove we find merit in this appeal and accordingly the same is allowed. 15. The judgment and order of the High Court Division of 14...... and 419 of the Penal Code. 2. The aforesaid C.R. Case was started upon a petition of complaint filed by respondent No. 2 alleging, inter alia, that in connection with the dispute relating to the land owned by him, he approached the appellant, being the headman of the village, for settle......ptember 20, 1993 and that complainant was examined on September, 21, 1993 and cognizance was taken on December, 11, 1993. 11. It is the contention of the appellant that as per requirement of law, he has filed the deed No. 86 dated 8-1-1996 along with the plaint before the court of Assista..Category: Criminal Law | Date: | Hits: 50
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......ppeal No. 14 of 1992) Secretary, Ministry of Establishment Division and ors.......Respondents. (In Civil Appeal No. 65 of 1992) Judgment February 8, 1994. Cases Referred to- Zainal Abedin Vs. Bangladesh 34 DLR (HCD) 77; B.S. Yadav Vs. State of Haryana AIR 1981 ......g them benefit of the aforesaid Rules. 5. The Rules was challenged on the ground of discrimination being violative of Article 27 of the Constitution, which provides for equality before law. It was also challenged as being in excess of the authority of the President to make such ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......Appellants Vs. Md. Jusimuddin…………………………...Respondent Judgment November 6, 2001. Cases Referred to- M. A. Mannan V. Biman Bangladesh Air Lines, 1989 BLD 516; AIR 1978 (SC) 694; Belal Rahma......dated 10th November, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
.... suit. Non consideration of vital evidence relating to possession and dispossession affected the decision of the learned Judge materially and this error has occasioned a failure of justice. The finding arrived at by the trial Court having not been adverted, the judgment com......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......ted 30-1-86 passed by the learned Munsif, Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 o......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ....... The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ...... (2009) 412. ......titions on the assertion that the writ petitioner’s goods were never assessed on the basis of indicative value but on the basis of normal value and such assessment was made in accordance with law. 4. On consideration of the assertions of both the sides the High Court Division b..Category: Fiscal/Taxation Law | Date: | Hits: 66
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
.... in failing to consider that the evidence and materials on record do not warrant any conviction for the offence charged against the condemned petitioner and as a result there has been a failure of justice warranting interference by this court. 11. We have heard the learned Advocate for th......e prosecution case, in short, is that the deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to condemned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20,000/- in cash as dowry along with other g......;………….Respondent Judgment February 2, 2009. Lawyers Involved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General-For the Respondent. Jail Petition No. 22 of 2007. (From the judgment ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..Category: Criminal Law | Date: | Hits: 86
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......Senior Advocate (J.N. Deb Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 61 of 2007. (From the judgment and order dated 30.3.2006 passed by the High Co......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......hman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 passed by ......vision under Section 561A of the Code of Criminal Procedure. 4. Syed Mahbubur Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to consider that there is nothing to show from the petition of complaint that t..Category: Criminal Law | Date: | Hits: 41
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
.... to jail on 27.12.2008 and as such he could not properly instruct the Advocate-on Record to file the application for condonation of delay on 23.02.2009. 18. He submits that for complete justice and to save the petitioner and his family from complete ruination, this Court may pass an o......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ...... Not represented-the Respondents. Criminal Review Petition No. 5 of 2009. (From the judgment and order dated 03.03.2009 passed by this Division in Criminal Petition for Leave to Appeal No.72 of 2009.) Order ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
.... consideration of the evidences on record the Courts below found that the defendant has been enjoying and possessing the suit land, this sort of finding is nothing but illegal occasional failure of justice. On the contrary, the plaintiffs have been able to prove their right, title and possession......ction of record he filed Miscellaneous Case No. 139 of 1969 in the First Court of Munsif, Sylhet Sadar under Section 143 of the State Acquisition and Tenancy Act which was decreed in his favour and accordingly the record was corrected and the judgment passed in that suit can not be declared as s......bsp; Huq, Advocate-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of February, 2006 ......the plaintiffs suit as framed is not maintainable inasmuch as the plaintiff claimed declaration of title for themselves along with pro-forma defendant Nos.2-9 which is not permissible in law; that there was a suit being Title Suit No.293 of 1965 in which there was local investigation c..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
.... court below and decreeing the suit in utter disregard of the material evidence on record only on the finding of possession and not title and as a result there has been a miscarriage of justice in favour of the plaintiff. 8. We have heard the learned Advocate and perused the c......dant Nos.5 and 6 who are in possession of the suit land. The plaintiffs have got no right title and interest or possession in the suit land and as such they are not entitled to get any relief according to law. 5. The defendant Nos.7 and 8 filed written statement contending that Sudhi...... Involved: Abdus Salam Mondal, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Cou......nd 6 who are in possession of the suit land. The plaintiffs have got no right title and interest or possession in the suit land and as such they are not entitled to get any relief according to law. 5. The defendant Nos.7 and 8 filed written statement contending that Sudhir Kumar Roy l..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......; others…........Respondents Judgment January 9, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Respondents-Not represented Civil Petition for Leave to Appeal No.452 of 2006. (From the judgment and order dated 11.04.2006 passed by the High Court ......st in the land. The transfer of the land by her in favour of the Progati Sang shad by way of gift was thus illegal and void. Thus it appears the High Court Division enunciated the correct position of law. Accordingly High Court Division did not commit any illegality. 7. In view of the discussion ..Category: Property Law | Date: | Hits: 29
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