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Displaying 1841-1860 of 2456 results.
Md. Shamsul Haque Vs. Salenullah and othÂers, 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. ......cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......he High Court Division in Civil Order No. 944 of 1992 summarily rejectÂing 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 C..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. ...... This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ....... The Charge against the respondent was that he misappropriated goods worth taka twenty-eight lac stored in a godown of WASA by issuing a fake indent. The defence of the respondent was that his signature in the indent was forged by his subordinate sub-assistant engineer M. A. Sobhan who admitted..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. ......ssees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ...... 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 aside the appellate decision and as to the nature of the compromise, whether it is collusive, need not be gone into. 6. In the result, ..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 Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman………….......... Will the Civil Court substitute its own finding for that of either the Enquiry Officer or the punishing authority? Without considering for a moment the basic principles in deciding a suit of this nature the High Court Division embarked upon an uncalled for determination of facts which was ..Category: Employment/Service Law | Date: | Hits: 69
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. ............................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin,......ditiously. The judgment and decrees of both the courts below are hereby set aside.' 7. It appears that the lower appellate court which was the final court of fact had considered the nature of the documents which were produced by the defendants for the first time before it. Th..Category: Procedural Law | Date: | Hits: 63
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." ......d shall be upon the insured." ......tion register Ext. 'Ta', maintained by PDB corroborates the relevant figures in the log book, Ext.6. The High Court Division without taking into consideration the material evidence of unimpeachable nature developed a wholly unsustainable impression that the plaintiff manipulated the evidence to f..Category: Civil Law | Date: | Hits: 135
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. ...... 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......cause of action for moving the High Court Division in writ jurisdiction. It was further submitted that lease agreement dated 20.3.67 in favour of Abul Hashem Khan being incomplete and executory in nature, (possession having not been given to the leasee) its cancellation by lessor cannot and did ..Category: Property Law | Date: | Hits: 30
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......sts. Ed. This Case is also Reported in: II ADC (2005) 30. ......sed in the original plaint. 6. Defendants No. 1, 3 and 4 by filing separate written objections opposed the prayer for amendment mainly on the ground that the same would change the nature and character of the suit. 7. The learned Subordinate Judge by a short order d..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......dent's Order 16 of 1972 and his whereabouts were not known and that the respondent failed to produce the original agreement for sale for the satisfaction of the court that Ghalib Hossain's signature contained in the agreement tallies with his signature maintained by the appellant in co..Category: Property Law | Date: | Hits: 37
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ...... The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......he enquiry report Respondent No. 2 was dismissed with approval from the appropriate authority, that Respondent No. 2 is an officer entrusted with the duty of the administration and managerial nature and hence being not a worker complaint case under the Employment of Labour (standing Orders)..Category: Labour and Industrial Law | Date: | Hits: 79
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......rd and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......ossession of a pipe gun and two rounds of live cartridges and the evidence and circumstances of the arrest of the petitioner with the aforesaid arms and ammunition have been found to be conclusive in nature and this court had no reason to disbelieve the witnesses only because they were police person..Category: Criminal Law | Date: | Hits: 53
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......owed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......cable and the proceedings under section 476 of the Cr. PC. is unnecessary. 3. The High Court Division having come to this conclusion however held that the allegation is most serious in nature and the Court must see that justice is done. The Division Bench, therefore, held that t..Category: Criminal Law | Date: | Hits: 49
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......l, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......nd so the letter of attornment does not refer to the period of default in payment of rent as pre-condition for eviction of tenants as claimed by the appellant. 15. Thus it is clear that the nature of tenancy was changed with the formation of partnership firm without the prior pe..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......f original contract. It has further been submitted that direction of the High Court Division to the Respondent No. 2 to award one of the phases of the contract to the Respondent No. 1 being of the nature of act of the arbiter is not sustainable in law as because the High Court Division in writ j..Category: Procedural Law | Date: | Hits: 83
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......he appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......ion appears to be that she instigated the husband of the informant to demand /realize dowry from the informant. 9. Therefore, considering the facts and circumstances of the case and the nature of allegations against the appellant we are of the view that the High Court Division w..Category: Criminal Law | Date: | Hits: 64
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......t in respect of the document in question. 11. In elaboration the aforesaid submissions the leaned counsel has referred to the evidence of P.Ws. 2 and 4. The evidence of P.W. 2 is of hearsay nature and as such the same has no evidentiary value in the eye of law. The evidence of P.W.4 is o..Category: Property Law | Date: | Hits: 44
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ...... of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......an Police and in view of the clear provision of the Ordinance we hold that no illegality and wrong has been committed in this case. In the Ordnances there is nothing to show that in case of such a nature the concerned authority is required to send the record of the proceeding to the Superintende..Category: Administrative Law | Date: | Hits: 103
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....implicate the appellant in any way. 11. Mr. Khondker also pointed out that accused Md. Nurun Nabi's statement although appears to have implicated the appellant but his statement being self exculpatory and having not stated as to how he was involved in the occurrence and it is argued......bstances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..Category: Criminal Law | Date: | Hits: 47
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ...... any Court of law but merely at the discretion of the respondents Nos. 2 and 3, stand on the same footing as of the respondent No.1 as the process of re-employment in both the cases are similar in nature as the respondent Nos. 2 and 3 upon considering the circumstances and following the ear..Category: Employment/Service Law | Date: | Hits: 82
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......tion of the appellate court while, at one time, sending the suit back on remand to the trial court directing the plaintiff to amend the necessary amendment in the plaint seeking relief of different nature from the relief prayed for by the plaintiff apparently erroneous then the Court is qui..Category: Property Law | Date: | Hits: 46
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