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Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
.... fail. The pre-emptor appellant failed to prove that the Heba deed was not acted upon. Both the courts below namely, trial court as well as appellate court have wrongly found that the Heba was not completed inasmuch as no possession was delivered to the Donee (the respondent No. 1). Th......e respondent No. 1 became the co-sharer, otherwise than by purchase. Therefore, in view of section 24(11) (a) of the Act, 1949 the pre-emption is not available; in fact the pre-emption is barred under section 24(11) (a) of the Non-Agricultural Tenancy Act, 1949, which provides tha..Category: Property Law | Date: | Hits: 33
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....cularly, sub-section (1) introduces the "doctrine of merger” of an estate or tenure with a raiyati interest in the same person resulting in total extinguishment of the raiyati. Here complete merger is effected as the entire interest of the proprietor/permanent tenure-holder and t......uly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. Under this Khatian No.140, there were five khatians namely, Khatians Nos.141 to 145 in which the names of some bargaders of Golam Rahman were recorded. Plaintiffs' case is that by eight barga-kabuliyats those b..Category: Property Law | Date: | Hits: 55
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....nsel in a Court of appeal. The trial Court, being close to the scene of the occurrence and familiar with the ways and practices of the people involved, enjoys a marked advantage in the formation of a complete and balanced picture of the incident or incidents which go into the making of the prose......ain Wakf land between his father and the father of accused Harun. He further stated that the deceased and the accused belong to the same Family and calls the accused Chacha and they lived in the same bari. 8. The trial Court considered that the prosecution has brought “unimpeachable evidence in..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....ution itself. Since the power to review has been conferred by the Constitution, it cannot be negatived if the Court wants to exercise this power on its own ………..(40) The expressions “doing complete justice” as occurring in Article 4 of the Constitution are of great significance. Their i...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
.... purpose of investigation.'' In the case of Delhi Administration Vs. Ram Sing AIR 1962 (SC) 63 the Indian Supreme Court concluded that various provisions of the enactment show it is a complete Code and the Act creates a new offence, provides the forum before which they would he tri......s which such duplication of proceedings can lead to." In the case of Lazar Fernando Vs. Amirtham Fernando AIR 1929 Mad. 604 the Madras High Court considered that the Akbari Act and Opium Act provides a special procedure e.g. a preliminary enquiry before an Abkari Ins..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....anies must be submitted with the tender failing which their tender will be liable to outright rejection. 4. Photostat copy…………………treated as incomplete. 5. Photostat copy……………… be cancell......of fuel or by pilferage in the supply in collusion with respondent Nos. 2 and 3. Accordingly, the learned Subordinate Judge held that such an opportunity to carry on a business dishonestly is barred under section 23 of the Contract Act inasmuch as the same is opposed to the public policy pa..Category: Others | Date: | Hits: 84
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....3 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parties to do complete justice while disposing an appeal. But this power requires to be exercised only in further......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
.... the nullified deeds of gift dated 31.1.41 and 1.5.51 at that time one Abdul Mabub Sawdagar who was closely related to both the parties, offered his services for effecting a compromise and in complete reliance upon him, she put her L.T.I on some blank sheets of paper upon the representation......ntested the suit and filed written statement stating inter alia that it was the appellant who by means of a false thumb impression in the name of Fatema Khatun instituted the above sit the suit was barred by limitation both the deeds of gift and also the compromise petition were read over and ex..Category: Procedural Law | Date: | Hits: 87
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....ioners submits that the impugned judgment is bad on the face of it in that whereas the trial court judgment runs into 50 pages the judgment passed in appeal in not more than 7 pages which shows complete lack of application of mind to the evidence on record. Mr. Ahmed submits that the High Co...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... fact that during continuance of the construction the plaintiff was asked to undertake some non scheduled construction for reasons beyond the control of the plaintiff and the plaintiff has to complete this non-scheduled construction on being threatened by the appellant which work was not me......present case the Arbitrator acted beyond his jurisdiction as law has not entrusted him with any power to award interest-till realization. This question was raised before the trial Court and after a bare discussion the court decided that the plaintiff is entitled to an interest till realizati..Category: Civil Law | Date: | Hits: 89
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
.... the learned Advocate supporting the judgment of the learned Assistant judge, has tried to argue that any change of the exhibited khatian No. 769 to 766 will amount to jumping upon others land by a complete departure from the plaintiff's suit land as described in the plaint and this will prejudic......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....and that would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the parties an opportunity to produce those evidences before the trial Court to ensue complete justice. It is further found by the Additional District Judge that the plaintiff at o......ted the suit by filing written statements and denied all the material allegations made in the plaint and contended, inter alia, that the suit is not maintainable in its present form and it is barred by limitation and that Haridas lived with him and the relationship between the plaintiff and..Category: Property Law | Date: | Hits: 24
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....el for the defendant-appellants submitted that the trial court, on consideration of the evidence on record, dismissed the suit and the High Court Division, without arriving at the finding that for complete adjudication of the dispute further evidence is necessary passed the impugned order w...... the effect of permitting the plaintiff to fill up the lacuna in all aspect and the High Court Division also did not at all consider that the relief claimed by way of amendment is barred by limitation and is also beyond the ambit of Order 6 Rule 17 CPC. 5. The learned Cou..Category: Civil Law | Date: | Hits: 107
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
.... 10. It further appears from office order No.44 dated 22.10.1997 (Annexure-I- in Writ Petition No. 2350 of 2002) that the authority decided that if the tappers appointed on contractual basis complete four years of satisfactory service, their services shall be made regular. The High Court D......er Bagan, Srimangal, Moulavi Bazar and another................Petitioners (In Civil Petition No. 1203 of 2005) General Manager, Bangladesh Forest Industries Development Corporation Rubbar Division, Sylhet Zone, P.S.-Sreemangal, District-Moulavibazar, Srimangal, Moulavi Bazar & a..Category: Labour and Industrial Law | Date: | Hits: 65
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....which the appellant can exercise her right of calling upon her brother to specifically perform the contract in accordance with the terms of the agreement dated 6.5.1949. The vendor is at a liberty to complete the sale by executing a sale deed. In case of default on his part the appellant has a right......gment dated the 19th September, 1961 and the above mentioned orders were quashed. The learned judges of the High Court held that: (i) the Custodian and his successor-in office were in law debarred from going behind the order approving the agreement of sale and permitting the sale deed to b..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....al examination and foundation training required for regularization and confirmation in service and promotion to the senior scale. The writ petitioners passed their departmental examination and also completed foundation training successfully and thus became regularised and confirmed in their serv......e Government Colleges in violative of articles 27, 29 and 31 of the constitution being arbitrary and discriminatory in effect, the state of emergency in the country should not be taken to have barred enforceability of the fundamental rights envisaged in the aforesaid Articles of the Co..Category: Employment/Service Law | Date: | Hits: 122
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... without jurisdiction by the High Court Division, we are of the view that the authority, if so, decides fit and proper as well as necessary then would be competent to complete inquiry against the respondent No.1 as regard to the allegations made in the show ca......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....as acquired the court can not provide any relief by way of restoration of possession of the case land to the writ petitioners by setting aside the acquisition proceeding which acquisition was long complete and legally made. When any land is otherwise validly acquisitioned such acquisition can no......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....through the judgment by my learned brother Md. Abdul Matin J allowing the appeal in part commuting the sentence of death to imprisonment for life by invoking Article 104 of the Constitution for doing complete justice with a view to removing injustice caused for awarding capital punishment instead of......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....t Nos.1-3. 5. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. In the interest for doing complete justice in the matter we are not inclined to interfere with the impugned judgment of the ......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
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