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Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......ant then preferred Civil Revision No. 1519 of 1993 to the High Court Division. A Single Bench of the said court issued a Rule therein and stayed operation of the appellate judgment. When the revision case was pending respondent Nos. 3 and 4 filed before the Administrator of Waqfs an application unde..Category: Trust/Waqf Law | Date: | Hits: 190
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. ......e Suit for permanent injunction is essentially a suit for possession upon a finding of possession of the plaintiff, no matter what is the nature or character of title to the suit land. In the instant case, plaintiff's suit for declaration of title and partition would surly be not maintainable pursua..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. ...... obviously had in his mind section 114(g) of the Evidence Act while considering this issue. 11. The lower appellant court as well as the High Court Division considering all the aspect of the case came to the same conclusion as that of the trial Court that there were numbers of illegalities..Category: Employment/Service Law | Date: | Hits: 73
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. ......lso 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 jurisdiction to set asid..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. ......ate of re-instatement, after setting aside the judgment and decree dated 24-8-93 passed by the 4th Court of Subordinate Judge, Dhaka, dismissing the said suit. 2. The plaintiff-respondent's case, briefly is that on 11-6-73 he joined the service of the appellant as an Assistant Store Offic..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. ......e 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 setting aside the..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. ...... have his title declared in respect of certain land measuring 2.59 acres fully described in the schedule to the plaint. This land originally belonged to one Sarojini Chowdhurani in Khas. It is the case of the plaintiff that between 1331 B.S, and 1332 B.S. he took settlement of the land from the ..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. ......ich 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 instituted Title su..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. ..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. ......der and Faruque alias Jamai Faruque. The High Court Division heard the Death Reference No. 05 of 2000 along with the appeals and disposed of by the impugned judgment. 2. The prosecution case, in brief, is that on 22.04.1995 at about 8.30 P.M Joynal was killed by gun shots in front of..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. ......udgment and decree passed in Title Appeal No. 127 of 1988 in respect of the property mentioned in 'kha' schedule under the schedule 'ka of the plaint is null and void and not binding upon him. Her case was that the suit property originally belonged to Ali Amjad and Syed Ali who transferred ..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. ......f both the parties, the suit was dismissed for default. The plaintiff them filed an application under Order 9, Rule 4 of the Code of Civil Procedure and Misc. Case No. 14 of 1993 was started, that case was allowed ex-parte and the suit was restored to its original file and number and ultimately ..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. ...... in the Court of Munsif, Sadar, Bagerhat for declaration that order by Circle Officer (Revenue) Bagerhat in Miscellaneous Case No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for permanent injunction restraining the defend..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.......as a defaulter and that the premises was required for personal use and occupation of the plaintiff. He also denied the receipt of notice under section 106 of the transfer of Property Act. His further case is that the plaintiff with a bad motive had refused to accept the rent for the month of Baishak..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. ...... a finding of fact to be arrived at on consideration of evidence on record. The expression "bonafide requirement" also includes requirement by a member of the family of the landlord. In the instant case the appellant wanted the shop rooms for the purpose of doing business through his son who was..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. ......tend the office but only to create trouble in the office with an ulterior motive. 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...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. ...... decision given on 4.9.95 by the Third Labour Court, Dhaka in Complaint Case No. 19 of 1993 under section 25 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. R..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. ...... Division set aside the award made 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 A..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
.... as made out in the plaint of the suit. The definite and specific case of the plaintiff was that the failure of public power supply to the plaintiffs freezing plant at 8.35 A.M. on 28.11.88 was the root cause of deterioration of stock of shrimps. The High Court Division observed that the success ......tertainable. The plaintiff appellant's suit filed on 2.10.89 was not maintainable as it was not filed within 6(six) months from the date of repudiation. 5. The trial court after hearing the case decreed the suit in full. It held that the public power supply failed on 28.11.88 at 8.35 a.m...Category: Civil Law | Date: | Hits: 138
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. ......ents should not be directed to do the needful for implementation of the gazette notification dated 10.7.1997 (Annexure-J to the writ Petition). 3. The respondents are all kanungos and their case is that in a meeting of the National Land Requirement Council of the Ministry of Land held on ..Category: Civil Law | Date: | Hits: 117
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