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Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legislate retrospectively and prospectively.” Hamoodur Rahman CJ. - Per Sha...... ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......laintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title deeds and khatians to Abdul Malek and asked him to prepare a power of attorney in his favour. Abdul Malek got the deed prepared which was signed and executed by......espondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question ......ther he nature of the suit would be changed due to such amendment as prayed for by the plaintiffs. Finally, in the Counsel's opinion, the relief now claimed by way of amendment of the plaint can be granted on payment of necessary additional Court fees even without praying for such amendment..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....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. ...... 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 furthering the ends of justice. If a party comp......rule 33 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 f......y;duced share and on calculation the said share was reduced for which no objection could be taken. In this view of the matter the revisional application was rejected summarily. 6. Leave was granted to consider the question whether in the absence of any cross appeal filed by the defendants..Category: Property Law | Date: | Hits: 38
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......dgment April 17, 2008. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 431 of 2006 (From the judgment and order dated the 6th day of March, 2006 pas...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......p;…………………………………….Petitioner Vs. River Research Institute, represented by the Director General of the Institute, Faridpur and others……………&helli......rsquo;s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petitioner retired from service and he was granted pension by the office order dated 15.01.1998 and he was drawing pension from respondent No...Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323....... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......r the Petitioner. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2008 passed...... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- Buxly Paints Limited Vs. Bangladesh 31 DLR (AD) 266; Bangladesh Vs K.M. Zakir Hossain 8 ......d. Hamidul Haque J. - This appeal has been filed against the judgment and order dated 27.10.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respond..Category: Property Law | Date: | Hits: 38
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......th Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents Judgment January 13, 1997. Cases Referred to- Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55; Abu Ahmed Abdul Hafiz Vs. MA Haque Sariji 1983 BL......r the case was filed. The learned judge held that non consideration of those important piece of evidence materially affected the merit of the case and occasioned a failure of justice. 3. Leave was granted to consider whether the learned Judge of the High Court Division set aside the order of the ..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......epealed. (2) Notwithstanding the aforesaid repeal, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, ......nd for permanent injunction restraining the defendants from evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whether the High Court Division rightly held that the unauthorize......, void and for permanent injunction restraining the defendants from evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whether the High Court Division rightly held that the una..Category: Employment/Service Law | Date: | Hits: 69
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....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. ......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 ......filed an application for temporary injunction against the defendants. The trial Court initially passed an ex parte order of ad interim injunction and ultimately by its judgment order dated 27.3.97 granted temporary injunction as mentioned earlier. On an appeal preferred against the said ord..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.......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.......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......al and reversing the judgment and decree dated 4.3.87 passed in Title Suit No. 129 of 1985 by the learned Assistant Judge, Begumgonj Upazila who decreed the suit and declared that the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of ..Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....reof. 7. The appellant has taken exception to the awarding of the interest at the rate of 18% till realization. Section 34 of the Code of Civil Procedure provides that payment of interest is discretionary but should not be refused in the absence of proper reason and in exercising discreti......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. ......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......January 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 appe..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....e under rule 10." 16. It was argued in subsequent cases that as Rule 11 uses the word "the Court may order payment of interest" the award of interest was also discretionary under Rule 11. Reliance was also placed on the afore quoted observation of the Feder......hat the Court is bound to grant interest upto the decree. Thus in the case of Sukhraj Rai Vs. Ratinath Panjiara, AIR 1942 (Ptatne) 102, it was clearly held that Rule 11 does not affect the Court's power to allow pendent lite interest under order 34 Rule 2. The Federal court did not intend to lay...... 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. ......ision dismissed the said appeal holding that the commercial Court had exercised its discretion in refusing interest to the plaintiff on the decretal amount on valid ground. 3. Leave was granted to consider "the submission of the appellant that award of interest on the decre..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......son defendant No. 1 Nogendra Nath was survived by his 2 sons Hardipada Dhupi and Habu Dhupi, who on 15 Chaitra, 1355 B.S. made settlement of their 1/3 share to the plaintiff at a rental of Rs. 1/- by granting dakila by Haripada as the Karta of the Hindu joint family and inducted the plaintiff into p..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......nst the above order. Then on 22.3.99 the appellants filed the above review petition before the High Court Division by tendering unqualified apology but the High Court Division, declined to exercise power of review by accepting the unqualified apology as sought holding that unqualified apology was ...... 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...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...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......mmarily 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 applicat..Category: Procedural Law | Date: | Hits: 38
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. ......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. ......y and others……………… Respondent-Plaintiff (In all the appeals) Judgment May 23, 1993. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record for M.R. Khan, Advocate on Record-For ......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. ..Category: Property Law | Date: | Hits: 32
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. ......y;duced by the defendants for the first time before it. The said court, in its discretion reasonably exercised, rejected the prayer for admitting the documents as additional evidence. 8. The power of the appellate court to admit further evidence is contained in Order 41, rule 27(1) of the......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......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. ..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. ......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. ...... plaintiff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedu......he same and in two courts proceeding are pending and to avoid conflict of judgments and to avoid possibility of multiplicity of proceedings, the subsequent suit should be stayed." Leave granted to consider whether the purport of section 10 CPC was correctly appreciated by t..Category: Property Law | Date: | Hits: 27
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. ......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...... and obtained a Rule. The learned Single Judge of the High Court Division by a judgment dated 3.11.1998 made the Rule absolute, on contest, sending the suit on remand for fresh trial. 6. Leave was granted to consider whether the High Court Division was wrong in remanding the suit with the obser..Category: Tenancy Law | Date: | Hits: 172
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