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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)
....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 Criminal Procedure have not been legally complied with and......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
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
.... but with the landlord; In the event choice is left with the tenant it will lead to an absurd situation and the landlord shall be at the mercy of the tenants. Such intention cannot be read into the provision of the premises Rent Control Ordinance. The submission on estoppels cannot be accepted for......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. ..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ints for consideration of which leave was granted. He has first taken us through the provisions of section 17(3)(d) of Employment of Labour (Standing Orders) Act, 1965 and has argued that the provisions of above Clause-(d) of Sub-section (3) of Section 17 shall apply only if an employee rem......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)
....tainable and that respondent No. 2 was not entitled to the salary he had not earned prior to his termination from service on 11.5.89. The Labour Court further held that although in view of the provision of Section 19 of the Act no complainant case lies against an order of termination si......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)
....tion earlier. 5. Upon the said applications the Additional Land Acquisition Officer started Misc. Case No. 4 of 1979. He signed notices for service upon the persons who had already received provisional compensation and in whose presence the matter was necessary to be heard and disposed of......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)
....uake, subsidence, landslide, avalanche, hurricane, cyclone, volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer allege that by reason of the provisions of Exclusion as above any loss, destruction or damage is not covered by this policy, ......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)
....as such the respondents are entitled to give relief under article 102(2)(a)(ii) of the constitution. We again cannot agree with the above view of Mr. Abdul Wadud Bhuiyan. The relief under the above provision of the constitution cannot be sought by a person who is not aggrieved. We have found tha......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)
.... Khan reads as follows: "In the event of the tenant committing breach of any of covenant of this indenture other than payment of rent, taxes, etc. and there being no specific provisions in respect of it in this covenant the lessor shall be at liberty without prejudice to a......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)
....r that the High Court Division failed to appreciate that M/S. Master Industries Ltd. was not constituted or established under any law but it had come into existence in accordance with the provisions of the Companies Act, 1913 and as such it can not be said to be 'body corporate' within...... 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)
....ent and order is contrary to the settled principle of law that decree in a suit for specific performance of contract to sell land is not a bar in listing a property as an abandoned property under the provisions of section 5 of the Ordinance No. 54 of 1985. The learned Additional Attorney...... 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)
....of the Privy Council in the case of Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249 corresponding to ILR 48 Cal. 832 observed as follows: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essen......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
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......operty in question is not an abandoned property and the Court of Settlement having come to a definite finding that the respondent failed to discharge that onus, the High Court Division erred in law in holding that the Court of Settlement did not come to any decision as to the abandoned chara..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ...... wrong section in revoking the license of the writ petitioner and further no show cause notice was also issued upon the respondent No. 1 and accordingly the above Memos are illegal and without any lawful authority. 7. As it appears in terms of section 11 of the Act before cancellation of ..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......te. The direction of the High Court Division to the lower appellate court is to write out a fresh judgment considering the evidence already on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any party and a re..Category: Property Law | Date: | Hits: 31
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