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Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....suit fisheries. He further submits that the learned Judges in disposing of the appeal neither affirmed nor set aside nor even modified the order appealed against and as such in the interest of justice the impugned judgment is liable to be set aside. 7. Mr. M. Nawab Ali, learned Advoca......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......hy;ers...........Appellants Vs. Jahangir Alam and others..............Respondents Judgment November 18, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney -General, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants ......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment 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) 297.......suit land along with other lands had been acquired by the Government in 1941-42 for the purpose of setting up of Noakhali Sadar Head Quarters and that thereby the Government became its owner and that accordingly both R.S. and S.A. record have been prepared in the name of the Government, the lower ap......udhury J Govt. of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the petitioner Sharif...... view of the provision of Section 16 of the Land Acquisition Act, 1894, the suit land having not been absolutely vested in the Government for not taking physical possession therein in accordance with law, the lower appellate court acted illegally in dismissing the suit. 7. Leave was granted to ..Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
.... rate of 18% till realization. Since the respondents are also obliged to pay the loan taken from the Bank for utilizing the amount in the contract work at the rate of 18% compound interest, ends of justice would be best served if the appellant is directed to pay interest at the rate of 18% in resp......hat awarding or calculating of such interest is against any agreement or against any interest on record. In that view of the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reporte......passed by the High Court Division in First Appeal No. 159 of 1998). Judgment Mohammad Fazlul Karim J.- The defendant is the appellant in this appeal where in the leave was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant ha......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
..... After a passage of 7 years from the satisfaction of the decree we are not inclined to impose the contractual rate of interest upon the judgment debtor. We are of the opinion that the interest of justice will be served if the defendants are directed to pay interest at the rate of 6% on the...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1927(PC) 1; Jaigobind Singh Vs. ......t Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till realization of the decretal amount. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......itle Appeal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit land originally belonge......on of the evidence on record and that Gopalgonj Pourshava having been created long after making of settlement of the suit land with the plaintiff the learned Judge of the High Court Division erred in law in holding that on the basis of the entry in the S.A. record as to the nature of the suit prop..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....rt Division could not seek unconditional apology but after getting proper advice they offered unconditional apology at the earliest opportunity in the High Court Division and this highest seat of justice also, as an attribute of greatness, may be pleased to take pity upon the appellants consider......Commissioner, consists of several members and many of whom, had long judicial experience as magistrates or in other capacities and the Board is supposed to deal with such situation very often and accordingly it is expected that the above Board is aware of the implication of mere filling of the a...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Awlad Hossain and another....Appellants Vs. Joynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Sen......-ul-Islam, the learned counsel appearing for the appellants submits that the appellants having no experience of such court proceeding and they had even never been a witness, totally relied on their lawyer who, without verifying with the appellants, prepared the affidavit in opposition on the bas..Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......rejecting of the application under section 115(1) of the Code of Civil Procedure holding that the proposed amendment would change the nature and character of the suit. 2. Leave was granted to consider as to whether the High Court Division erred in rejecting the revisional application summ...... sought to be incorporated by way of amendment is of the Senior Assistant Judge having pecuniary jurisdiction. But instant case being having the higher pecuniary jurisdiction is also entitled under law to decide the suit involving a decree in a suit with less pecuniary value. The authority to deci..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......t taken into consideration. 10. Trial Court further noticed that M. A Sobhan, the officer who was directly in charge of the godown, was at first found guilty of misappropriation and was accordingly punished, but the departmental review board exonerated him ignoring the said officer's ...... WASA and at the relevant time he was holding the post of executive engineer on promotion in charge of Zone 6 with effect from 14.9.90. Subsequently he was put under suspension consequent to the report of a departmental enquiry committee, but the appointing Authority failed to communic......fect in the domestic enquiry rather it was held in strict compliance writ the provisions of WASA Employees Service Rules, 1990. (ii) That the High Court Division committed an error of law in interfering with the finding of the domestic enquiry committee fixing the liability of the ..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....as no dacoity as alleged and accordingly lodged an F.I.R. against the plaintiff alleging an offence under section 409 of the Penal Code. The plaintiff with a view to misdirecting the course of justice filed an application to the C.I.D. for taking up the investigation on the F.I.R. lodge......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 dacoity as alleged and accordingly lodged an F.I.R. against the plaintiff alleging an offence under section 409 of the Pen......adesh, represented by its Chairman…………....Appellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. R......TCB did not consider at all the relevant papers and documents upon which the Enquiry Officer relied and such an opinion of the TCB authority, in the view of the High Court Division, is not a "lawful opinion" and as such the action taken against the plaintiff cannot be treated as a &quo..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....ed a broad-based trust committee and elected the appellant as its Secretary, that since the said property has devolved upon the trust committee he as the Secretary of the committee for the ends of justice should be made legal representative of the Deities to defend the suit. 3. The trial ...... 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. ......nt is from the judgment and order dated 6.8.92 passed by a learned Single Judge of the High Court Division in Civil Revision No. 405 of 1988 Dhaka/Civil Revision No. 242 of 1988 (Rangpur) refusing to rehear the case which was disposed of on 12.5.92 ex parte making the Rule absolute and set...... was transmitted from Dhaka to Rangpur Bench and again to Dhaka Bench and no notice was given to the appellant informing such transmission of the record of the case and in the meanwhile his engaged lawyer Mr. Abdul Mannan Khan died in October 1990 without filing any vokalatnama in the case. The l..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. ......yer for acceptance of the additional evidence on the grounds that the documents appeared spurious to him and also that the defendants could not prove satisfactory custody of the same and accordingly upheld the decision of the trial court. 6. The unsuccessful defendants thereafte......ow in Other Class Suit No. 115 of 1984 instituted in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the s...... 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 Single Judge of the High Court Division took law in not allowing the defendants to adduce additional evidence and made the following order: ..Category: Procedural Law | Date: | Hits: 63
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. ...... May 30, 2001. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. B. Hossain, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record–For the Respondent No. 1. ......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)
.... 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. ...... as submitted earlier is a very interested person and made confessional statement in one sitting in 23 cases including the present case on the assurance that he would be acquitted in the case. He, accordingly, submitted that the approver's evidence cannot be the basis of conviction not bein......Liakat Ali Laskar......................Appellant (In Criminal Appeal No. 64 of 2003) Vs. The State………...Respondents (In both the appeals) Judgment October 30, 2004. Case Referred to- Abdul Qadir Vs. The State 8 DLR (SC) 165. La......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)
....a total misdirection under a misconception of facts and law and for which judgment of he High Court Division is liable to be set aside and the same is set aside. 14. In the interest of justice and equity the learned trial court is directed to decide the suit in accordance with law by......then the said defendant respondent No. 1 had to file Title Suit No. 516 of 1979; that it was further alleged that during the pendency of the said suit the said Bakhar Ali Mollah died and accordingly his wife (plaintiff) of the subsequent Title Suit No. 98 of 1993 was duly substituted a......aking the Rule absolute upon setting aside the judgment and order 7.7.1993 passed by the Assistant Judge, Chandpur rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint of the appellant's Title Suit No. 98 of 1963. 2. Leave was granted to ......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. ......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. ...... Md. Hamidul Haque J Khairun Begum and others.... Appellants Vs. Abdul Malik and another............Respondents Judgment July 6, 2003. Case Referred to- Siddique Vs. Yeakuti Begum, 49 DLR (AD) 402. Lawyers Involved: Mahbubey A......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. ......ree dated 15.5.1990 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......n in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by the singl......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.......rial court held that the trial court had illegally shifted the burden of proof of service of notice (Ext. 6) upon the defendant which resulted in an error in his decision in the suit in as much as, according him, in the absence of legal service of notice under section 106 T.P. Act the very suit fo...... ATM Afzal CJ Mustafa Kamal J Latifur Rhman J Mohammad Abdur Rouf J Musammat Mohsena Khatun.........Plaintiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred......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)
....as raised on this point before the S.C.C. Judge. 7. Mr. Md. Fazlul Karim, learned Advocate for the Appellant submits that the order of remand by the High Court Division has occasioned failure of justice as a long drawn process would be necessary to get the final decree to the prejudice of the a......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. ......imalenndu Bikash Roy Choudhury J AM Mamudur Rahman J Mohmudul Amin Chowdhury J Md. Shahjahan Mia ................Appellant Vs. Md. Abdul Hye .............Respondent Judgment October 24, 2000. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab A......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. ......ion 17 shall apply only if an employee remains absent without leave for more than ten days. He has further submitted that admittedly the petitioner was arrested at about 9.30 a.m. on 19.10.94. So, according to him, on 19.10.94 the petitioner was not absent and before that date he was absent only...... Article 102 of the Constitution and the High Court Division discharged the Rule on the same ground of limitation. 2. Being aggrieved, the petitioner filed civil petition for leave to appeal and leave was granted mainly to consider whether there could be any termination if t......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)
....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. ......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. ......on of his representation the concerned authority reinstated him on 6.9.77. Again he was terminated from service on 9.3.88 but in view of his representation the same was withdrawn on 12.4.89 subject to the condition that the money he had received on account of termination benefit should be refund......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
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