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Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......tter in dispute. The direction of the High Court Division to the lower appellate court is to write out a fresh judgment considering the evidence already on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any p......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
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. ......hy;ond party was an officer holding managerial as well as supervisory powers, that the judgment of the Labour Court is not sustainable since the same has been made disregarding the established principle that no court shall interfere with the findings of domestic enquiry unless gross illegali......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. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ...... which municipal taxes were paid and the appellant bank paid rents etc. to Tahsil Office and also paid urban immovable property tax as well as income tax to the Income Tax Authorities; in terms the principle of promissory estoppel the respondents, being the successors-in-interest of late Md.......tter dated 13.9.97 asked the aforesaid heirs to deposit a total sum of Tk. 77,876.00, the arrear premium which had fallen due against the above premises; on 11.1.1988 the heirs deposited the entire amount of Tk. 77,876.00 and also submitted the succession certificate dated 16 March, 1977 iss..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......d to sell her property at Khilgaon under Ramna Police Station at a consideration of Tk. 6,80,00,000/- with the accused. At that time a sum of Tk. 80,00,000/- was paid by pay order. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......goods. 7. The High Court Division rejected the aforesaid contention of the respondent upon observing "the difference in facts would make any difference in the application of the principle which is based on interpretation of section 19 and 30 of the Customs Act" and thereu...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......2, National Bank Limited, Motijheel Branch, Dilkhusa Commercial Area, Motijheel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of Subordinate Judge, 3rd Court, Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose out of L/Cs ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd 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) 297. ......could be solved unjust and arbitrary process adopted the recommendation of respondent No. 4 which was stained with objective standard for determining the proper decision and barred by the principle of estoppel; the respondent No. 1 violated the rule of Business in taking decision withou......nd 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) 297. ..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ...... 3. The defendant Nos. 1-5 contested the case filing written statement denying the material allegation that the suit is not maintainable in its present form, barred by limitation as well as the principle of estoppel, waiver and acquiescence and further stated that as several suits are pe......in the said tender the "Kha" schedule property had been included in item No.6 and after publication of the said tender notice the plaintiff had submitted a tender on 20.07.1992 amounting to Tk. 6, 02, 51,000.00 and as per the terms and conditions of the tender the plaintiff h..Category: Property Law | Date: | Hits: 42
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......e for recovery of Tk. 19,80,076.88 in Mortgage Suit No. 52 of 1992. Lands and buildings including machineries of the judgment-debtor (respondent No.4) were put to auction sale to realize the decretal amount. Auctions were held thrice. In the first auction no bidder participated. In the second auctio..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......0 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner out of the said consideration money as earnest money stipulating therein the condition that on payment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would ..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... benefits which others like him have been enjoying pursuant to Government orders. The grievance does not seem to be without any foundation. 22. Section 5 of the Ordinance lays down the principles in accordance with which a surplus public servant is to be absorbed in a partic......he Establishment Ministry and granted time scale on the basis of his past service and as such denial of the same benefits to the respondent would be violative of Article 27 of the Constitution and amount to application of a double standard. The learned Advocate representing the opposite par..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......ed the plan on 16-11-89. Upon the appellants application the plan was re-sanctioned on 9-2-93. While the appellant constructed the multi storied building up to the 4 floor after investing huge amount of money respondent No.4 again objected to RAZUK against the sanctioning of the plan, whereu..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......t the principal office of the then BCCI, Dhaka and now Eastern Bank Limited (EBL) and deposited U.S. $ 6,000,000.00 in it being share subscriptions paid by the Government of Saudi Arabia. The said amount was placed in an interest bearing foreign currency time deposit accounts known as placement ..Category: Others | Date: | Hits: 95
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......ular legislation where the definition of debt was required to be given and as such word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement or an amount due or payable from one person to another in return for money but is liability owing from on..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......of the High Court Division committed error of law in sending the suit back on remand to the trial court and as such the impugned judgment and order is liable to be set aside, it is the settled principle of law that it is the plaintiffs, who have to prove their case and the plaintiffs cannot ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......gh Court Division ought not to have made the order of remand suo moto. The learned Counsel further submits that this Division as well as the High Court Division in allowing remand against the settled principle of law as regard remand advanced the cause of the plaintiffs who failed to discharge their......ment the aforesaid submissions have no merit. The learned Counsel for the petitioner could not point out an error apparent in our judgment which needs correction since continuation thereof would amount to injustice to the petitioner. In the background of the aforesaid discussions we find n..Category: Property Law | Date: | Hits: 67
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......st Court, Dhaka in respect of the self same property and the said suit having been dismissed, the High Court Division was in erred in law in decreeing the present suit which was barred by the principle of res judicata. 10. Mr. T. H. Khan, the learned Counsel appearing for the plainti......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......ppellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. 1 and others accompanied by a deposit of an amount of Tk. 2000/- (taka two thousand) as security cost of the said petition through his learned ..Category: Election Law | Date: | Hits: 312
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. ......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. ......dowry and thereafter her husband left for London and she went back to her father's house at Sylhet for treatment. On his return from London her husband issued a legal notice claiming huge amount allegedly taken away by the informant from his house at Banani, Dhaka. The Deputy Commissio..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......ber, Kashipur Union Perished and the convict petitioner No. 3 and Abdur Rahim Chowdhury, Ex-Block Supervisor, Kashipur stood guarantors for the agricultural loan in favour of leaner Motaleb Majhee amounting to Tk. 3000/- against loan case No.19 (b) 85-84 and all the three misappropriated th..Category: Criminal Law | Date: | Hits: 44
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