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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... and waited in vain for the connected documents and ultimately instructed his Advocate Mr. Md. Nurul Huda to send a registered letter to defendant No. 2 which he did on 17.11.73 requesting him to complete the transaction. Defendant No. 2 by a registered letter dated 22.11.73 regretted his inabil...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
.... is on record that the victim survived more than 24 hours after the occurrence and as such internal injuries were injuries which would not have impaired the power of speech and senses of the victim completely. The dying declaration as made by the victim is also in his own narrative and not at an......ased is, that on 25.3.81 at about 2 p.m. the deceased Sakhawat Hossain @ Saku set out from his house in village Damodar PS Fultala on his motor-cycle and went to the sawmill of the appellant at Phulbari gate within Daulatpur PS There the deceased had chats for quite some time and then his partner ..Category: Criminal Law | Date: | Hits: 44
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....it appears that sheet No.2 containing Plot Nos. 600-699 of Mouza Char Mominpur was genuine and the same did not overlap the suit land. He next submits that it is a fit case where this court can do complete justice by directing the trial court to accept the deposit of money as fee of Advocate Com......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ot been adequate legal assistance to the petitioners and, as such, the case has not been properly conducted in the trial Court. 53. He however, emphasizes that this Court in its jurisdiction to do complete justice may look into the materials which if examined thoroughly would reveal that in fact,......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....constructions of the above Groups A, B, C and D will be Taka 51,37,007, Taka 53,11,307, Taka 53,06,932 and Taka 51,64,436 respectively, total being Taka 1,83,28,474, and construction works were to be completed by 270 days. Similarly, for construction of an Overhead Tank with underground reservoir ta......e port authority as long as those were available in their store and, in fact, after the issuance of the work orders those were duly supplied as long as those were available but subsequently, due to embargo from the Ministry, the port authority could not purchase those materials from the market and a..Category: Civil Law | Date: | Hits: 109
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....and that was not a benami transfer and as there has been no error of law by the lower appellate Court as well as by the High Court Division in arriving at the aforesaid finding i.e. the Ext.1 is a complete sale deed and thereby created right in respect of the land so transferred in favour of Tof......azzal Hossain had been in possession of the land of schedule 'Kha' and 'Ga' till his death in 1353 B.S. and after his death khatemon used to possess the land of 'Kha' and 'Ga' schedule through bargaders, that after the death of Tofazzal his wife Khatemon was living in the house of Izzatullah..Category: Property Law | Date: | Hits: 67
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....ave was granted in the following terms: "Whether the proposed amendment does change the nature and character of the suit or it is an additional/alternative prayer for doing the complete justice in the matter, requires investigation." 4. We have heard Mr. Mu......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....No. 7, the Principal of the above, Rifles Public School and College issued direct warning letter upon the petitioner on 29-7-1998 without at all hearing him and thereafter keeping the petitioner in complete dark and without previous approval of the Medical Board the respondent No. 7 managed to ge......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....itle the respondent to which she is otherwise entitled. Her case is that of specific performance of contract. If she succeeds the suit will be decreed. 21. Section 211 of the Succession Act is the complete answer because it says that the executor or administrator, as the case may be, of a decease......y remedy. Cases Referred to- Charubala Sen v. Abdul Hashem and others, 33 DLR (AD) 254; Brindaban Chandra Shaha Vs. Sureswar Shaha Pramanick, C.L.J. Vol. 1909 page 263; Nabin Chandra Guha Vs. Nibaran Chandra Biswas 36 C.W.N. page 635; Haripada Shaha and another Vs. Ghanasyam Saha and another..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... the appellant. In a writ proceeding the petitioner is not entitled to make out a case in his affidavit-in-reply. A departure from this norm can only be made in exceptional circumstances for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making a......ssistant Attorney-General has, however, produced before this court the relevant file lying with the Ministry regarding this case and this court had the opportunity of perusing such file." 10. The bar of res judicata is applicable in Writ proceedings on the general principle that the public inter..Category: Property Law | Date: | Hits: 32
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....ad - valorem Court fee (vide section 149 CPC) if they desired to have the benefit of that part of the decree also. Even if the setting aside part was not there, the plaintiffs' relief would be complete with the declaratory part only inasmuch as they were not parties to the suit in which the......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....set aside. 11. The learned Counsel for the appellant submitted since 1992 the appellant has been fighting over the matter and as such this Court may dispose of the matter finally and do complete justice in the matter. We force in the submission of the learned Counsel. Accordingly, we ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....sum of TK. 20,000/- on 13-05-2002 for implementation of development project namely construction of 'vegetable shed' at mandabagh bazar within Kaimpur Union Parishad and it was required to complete the work within the financial year, 2000-2002, that is on 30-06-2002 but the appellant di...... by leave at the instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court D..Category: Election Law | Date: | Hits: 108
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... nor P.W 1 stated in first information report that the accused fled away crossing over the wall of that house, in other words the P.O and manner of occurrence in court one year three months after a complete departure was introduced from the case in first information report dying declaration ......d the prosecution case and acquitted the accused appellant due to blatant and a total change of P.O and manner of occurrence which are far flung and irreconcilable and the change is stock lock and barrel. 7. Mr. Mojubur Rahman, further pointed out, that according to P.W 10 (In..Category: Criminal Law | Date: | Hits: 25
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....re any forum since the execution and registration the kabala. 10. The learned Counsel for the appellant agued that section 54 of the Transfer of Property Act provides that sale would be complete even if the consideration money is not paid or is part paid or part promised. He next subm......el has drawn out attention to the evidence of four P.Ws. examined by the defendant No.1. The plaintiff Ayjuddin Gazi as RW.1 in his evidence stated that he has been possessing the suit land through bargader Nurul Islam son of Ansar Gazi of Village-Beyar Jhapa but there is no borga kabuliyat and n..Category: Property Law | Date: | Hits: 35
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....t is not correct. 15. While granting leave this Division observed that the judgment of Administrative Appellate Tribunal was delivered after about 3 months of the hearing of the appeal and a complete mess has been made in the impugned judgment both in respect of fact and law. It was furthe......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....s Ordinance for redressal of the aforesaid demand of the respondent workers and not the forum indicated under sections 5 and 7 of the said. Act, 1968 inasmuch as such forum are not capable to grant complete and effective relief sought by the respondent workers. 10. Against this backdrop of......articipation, Fund and a Workers Welfare Fund in accordance with the scheme under the Act. In case a company to which the scheme under the Act applies defaults to establish such Fund any collective bargaining agent or even a worker may apply to the Labour Court under section 34 of the said Ordin..Category: Labour and Industrial Law | Date: | Hits: 95
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....tion 60 of the Registration Act on 13.4.78 and delivering his judgment on 5.5.82 the learned Munsif held that as registration of the kabala was entered in the Volumes on 13.4.78, the registration was complete during the pendency of the miscellaneous case and as such the question of bar of limitation......e learned Munsif held that as registration of the kabala was entered in the Volumes on 13.4.78, the registration was complete during the pendency of the miscellaneous case and as such the question of bar of limitation did not arise. The lower appellant Court also held so. 7. Mr. Asrarul Hossain, ..Category: Procedural Law | Date: | Hits: 119
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....O. is punishable under section 62 of the said Ordinance. He has submitted that there is no such deterrent provision under the Administrative Tribunal Act and the Administrative Tribunal cannot give complete justice to the appellant. This seemingly attractive argument does not stand scrutiny for tw......nistrative Tribunal had exclusive jurisdiction in the matter in view of section 4 of the Administrative Tribunal Act, 1980, and, further, in view of clause (2) of Art. 117 of the Constitution which bars the jurisdiction of any court or tribunal other than the administrative tribunal in respect..Category: Labour and Industrial Law | Date: | Hits: 111
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the r......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
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