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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. ......s that Ful Meher Bibi was married more than forty years back and since then she had been residing at her husband's house. But the plaintiff respondents fraudulently obtained the ex parte decree in question showing service of summons upon her by hanging at her paternal house instead of serving it......leave is directed against the judgment and order dated 29.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Su..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.......not get a decree for permanent injunction and the further submission that the High Court Division ought to have held that a simple suit for permanent injunction is not maintainable when complicated question of title is involved and the plaintiffs have failed to prove their lawful possession. 6.......is appeal by leave is directed against the judgment and order dated 30.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 3961 of 1996 discharging the Rule. 2. Short facts are that the plaintiff respondent filed Title Suit No. 196 of 1977 in the 2nd Court of Muns..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....xercising such authority the employer gave sufficient notice on 20.8.89 to respondent No. 2 mentioning his past record since 1986 with a note of caution that his future absence from service on the identical ground would compel the authority to take action against him in 'accordance with law. In ......able of doing service and that he had been illegally discharged from service without giving him any opportunity of showing cause before taking the impugned action. 6. The appellant called in question the said judgment of the Labour Court in the aforesaid writ petition under Article 102 (2)......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......s uncalled for as there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respondent was not in any gainful employment during the period in question. Mr. Awlad Ali, learned Advocate, who entered Caveat for the plaintiff-respondent, could ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n and use of the suit land after lawful termination vide exhibit 3 but we have already found that the suit has been rightly dismissed by the High Court Division and when the same has been dismissed question of giving compensation does not arise. 17. Having given our anxious consideration of the......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... was made by the competent authority as contemplated in regulation 28 of the Janata Bank Employees Service Regulations, 1981, hereinafter referred to as the Service Regulations. 2. The question arises in this way Respondent No. 1 who was promoted to the rank of Senior Principal Offic......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....n 'kha' list of the list of abandoned property as published in the impugned Gazette Notification. As in both the appeals the facts are somewhat similar and contentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. E...... Rule absolute by a common Judgment and order dated 9.7.1993 holding in so far as writ petition No. 648 of 1987 is concerned that the Government was not found in possession of the building in question and that inclusion of the same in 'ka' list was unauthorized and that in so far as th......not be declared as an abandoned property nor can it be enlisted in 'kha' list of the list of abandoned property as published in the impugned Gazette Notification. As in both the appeals the facts are somewhat similar and contentions raised at the Bar are identical by this common judgment ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......thority for the purpose and as such the plaintiff also could prove bonafide requirement of the premises for the purpose rebuilding. Mr. Mahmudul Islam submits that on both these counts that is on the question of default in payment of monthly rent and bonafide requirement the High Court Division misc......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......d to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Cour......troverting material allegations in the rule application stating, inter alia, that the writ petition as framed and for the reliefs is not maintainable. It also does not lie on questions of disputed facts coupled with suppression of material facts apart from unusual delay on the part of the petiti..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....Nos. 1585, 1586 and 1587 of 1994 respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this co...... 1586 and 1587 of 1994 respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgm......87 of 1994 respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgment. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... (AD) 13 this court had the occasion to consider the question of abatement of a suit under President's Order No. 90 of 1972 in a similar case. The prayers in that case were couched in more or less identical terms as in the present case. The plaint of that suit was found to have been hit by presi....... 27-D of 1965. After art analogous hearing of this appeal along with other similar matters the Supreme Court dismissed the appeal on 26 February 1968 holding that the vesting of the properties in question in the Government either under notifications issued under chapter II, or under Chapter V, ......ood abated as a whole under Article 2 of President's Order No. 90 of 1972. 13. In reply Khondaker Mahbubuddin Ahmed, learned counsel for the respondent, contends that in the suit there were facts alleged and prayers made which could be gone into by the court without deciding the question ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......in Banlgadesh Bank Sadarghat Branch, Dhaka in the account of the aforesaid money suit, Defendant No. 1 on 30.9.96 filed an application before the trial court praying for transmitting the decree in question to the High Court Division and accordingly corrected the decree was send back to the ......that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha R..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......n to the detriment to his health. Secondly, as the Writ Petition was filed under Article 102(1) and (2) (a) (i) read with Article 44 of the Constitution for enforcement of his fundamental right the question of alternative remedy does not arise. In this regard he also submitted that where the passp......ghts of leaving the country and returning have been recognized in Article 36 of our Constitution. Therefore there is full application of Article 13 of the Universal Declaration of Human Rights of the facts of this case. AM Mahmudur Rahman J. - This appeal by leave is directed against the judgmen..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......he respondents themselves. Dr. Kamal Hossain submits that this is a fit case for review not for upsetting the law laid down by this Court but for taking a differential view in the particular facts and circumstances of the present case to meet the ends of justice." 4. It is..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......;fer does not lie against such transferee. Pre-emption in case of such transfer by Heba is barred under section 24(11) (a) of the Non-Agricultural Tenancy Act, 1949. 6. Considering the facts and circumstance of the case we are of the view that the appellant has failed to prove althou..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......a). Judgment K M Hasan J.- This appeal is by special leave by the purchaser pre-emptee in an application under section 24 of the Non-Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......hrough the dakhilas. The courts of fact held that the dakhilas so filed were not proved by the competent, independent and disinterested witness. This aspect of the case reasonable leads one to question the genuineness of the soleh decree obtained in Title suit No. 616 of 1969 or in other wor......ove, in the instant matter the Court was required to deal with the matter of controversy so far as regards the rights and interests of the parties actually before it' i.e. in the background of the facts of the case and in the background of the contention of the contesting parties in the suit the..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ...... leave is directed against the judgment and order dated 14.11.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 2519 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff filed Family Court Suit No. 100 of 1998 under section 25 of Guard..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......n 115(1) of Code of Civil Procedure. The High Court Division observed, inter alia,".......................a plaint cannot be rejected under this rule on an objection involving complicated question of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fru......09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......dgment and decree dated 18-11-82 passed by the High Court Division, Jessore Bench in S.A. No. 213 of l973.) Judgment Shahabuddin Ahmed J.—In this appeal by the plaintiffs the. question is whether the decree obtained by, them in their suit for setting .aside the decree of a p......stion is whether the decree obtained by, them in their suit for setting .aside the decree of a previous partition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided b..Category: Property Law | Date: | Hits: 40
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