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Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ey General has also contended that the compromise is collusive and that by a compromise between the parties the Court's decree cannot be set aside. In view of the broad fact that the compromise in question in this case is not binding upon the Government the contentions as to Court's jurisdi......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
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. ......ng the suit contended in its written statement that no dacoity was committed in the TCB's godown in the night following 8-11-81 and that the plaintiff had misappropriated the DANO milk food in question. The I.O. having inspected the place of occurrence came to the finding that there was no ......ity. Then what about the exercise made by the punishing authority? Will his finding go in vain? Will the trial Court and on appeal the High Court Division become a fresh arena for determination of facts which were concluded in a domestic tribunal? Will the Civil Court substitute its own fin..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. ...... adjournment of the hearing of the same. 8. It appears that during the transitional period of setting up Benches of the High Court Division outside the capital the case record of the Rule in question was transmitted once from Dhaka to Rangpur and then from Rangpur to Dhaka but no notice of......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..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. ......ld the decision of the trial court. 6. The unsuccessful defendants thereafter moved the High Court Division with a revisional application 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......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..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....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. ......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. ...... 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..Category: Property Law | Date: | Hits: 27
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. ......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. ...... 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..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. ...... 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. ...... 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..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. ......ng 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 Order 7 Rule 11 of the Code&n......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..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. ......dered the point fro another angle and held that as no notice was served upon the defendants after restoration of the Misc. Case filed under Order 9, Rule 4 of the Code of Civil Procedure, the question of delay did not arise. 7. Dr. Ahmed Ali, who appeared on behalf of the plaintiff r...... 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..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. ...... 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. ......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..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.......ity under section 25 of the S.C.C. Act to reverse the dei.ree of the trial Court upon the finding that the plaintiff could not prove his case of due service of notice of termination of the tenancy in question. 8. The trial Court on consideration of both oral and documentary evidence decreed the s......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...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. ......fault and decree was made on both the courts, and whether the High Court Division fell in error to rebind the suit on the face of admission by the respondent that he deposited rents for the months in question on 24.3.1991 and whether the High Court Division acted illegally in raising the question re......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)
....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. ......ime. 12. Mr. Abdur Razzak, on the other hand, has invited our attention to the admitted fact that the appellant sent a grievance petition from the jail on 12.10.94. So, according to him the question of knowledge of the termination order on 3.12.94 does not arise at all. He has also taken ......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..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. ...... re-instatement of respondent No.2 in service. 5. Against the said judgment of the Labour Court, the appellants moved the High Court Division under Article 102 of the Constitution calling in question the property of the judgment and order of the Labour Court and obtained a Rule Nisi, which...... 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..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. ......chasers from the heirs of the recorded tenants. The Additional Land Acquisition Officer, by the same order, 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 ......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..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." ...... the same went out of order on 2.12.88 at 11. P. M and repaired at Dhaka and restored again on 5.12.88. It was also examined whether the suit was barred under Clause 8(b) of the DOS Policy. On the question whether the public power supply was disrupted on 28.11.88 at 8.35 A.M. as claimed by the p......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..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......as such the Government took steps for filling up the vacant posts. For the same purpose, the advertisement was made and steps were taken for recruitment of 106 kanungo. Father case is that the question of giving effect to the gazette notification regarding up gradation of the post of kanung...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..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. ......s promise. 5. Thereafter the appellant Bazlur Rahman, filed writ petition No. 322 of 1977 challenging the order dated 14.2.77 whereby Government intimated its inability to allot the plot in question to the appellant. The predecessor of respondent Nos. 1-7 Abul Hashem Khan was respondent N...... 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..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. ......e of a Private Limited Company registered under the Companies Act, 1913 is a public servant within the meaning of section 2(b) of the Criminal Law Amendment Act, 1958. 7. The pertinent question for consideration in this matter is whether the managing Director or an employee of a Priv...... 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..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. ......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. ...... 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..Category: Property Law | Date: | Hits: 29
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