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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. ...... the disputed document without at all considering the reasoning given and findings made by the court of appeal below in that behalf and without reversing such findings and that in view of the principle of law laid down by this Division as to inadmissibility of oral evidence to construe a do......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. ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ...... behalf of the plaintiff-respondent No. 1 submits that no purpose will be served in restoring the Civil Rule No. 117(F) of 1993 since the plaintiff-respondent No.1 is entitled to get the decreetal amount for supply of goods to the appellant. On perusal of the judgment and decree passed by..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......by filling written statement denying the plaint allegations and contended, inter-alia, that there is no cause of action for filling the suit, that the suit is barred by limitation as well as by the principles of waiver, estoppels and acquiescence and that the suit is not maintainable in its pres......8 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mesne profit of Tk. 1,00,000.00 and damages of Tk. 1,80,000.00 totali..Category: Civil Law | Date: | Hits: 79
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 3. It is the case of the Bank that allotted consignment of fertilizer was not delivered to the authorized officer of the bank by the fertilizer factory and that the Bank could not realize the amount of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered ap..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......laintiff could not prove his independent possessing on the basis of the alleged bainapatra. It is also the case of the defendants that the plaintiff had no means to purchase any land or to pay the amount of consideration money of the bainapatra. 12. We have already pointed out that we have..Category: Property Law | Date: | Hits: 31
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......or themselves within four months of the service of notice and in case no notice has been issued then with in four months from the date of knowledge of such transfer by making a deposit in court the amount of consideration of money. The section is very clear that only a co-sharer tenant and none ..Category: Property Law | Date: | Hits: 28
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......en treated as the First Information Report and not the information made on 25.4.1998 and so the information made on 25.4.1998 should have been kept out of consideration of the Court, in view of the principle laid down in 1 MLR (AD) 248, since admittedly there existed hostile relationship bet......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
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. ......on committed an error of law in holding that the impugned order dated 24.11.93 is arbitrary and discriminatory. He next submits that the High Court Division failed to notice that by no principle of service jurisprudence, a period out of service resulting from voluntary resignation c......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. ..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ...... the petitioner is a public servant and is liable to be tried by the Special Judge. 4. In Criminal Appeal No.17 of 1996 leave was granted to consider the submission that in derogation of all principles of quashing the High Court Division has taken into account the defence case and ordered......which Criminal Appeal No.17 of 1996 arose, the High Court Division found that the instant case was filed to put pressure on the managing director and hence the further prolongation of the case will amount to an abuse of the process of the court. 14. In the Circumstances, we find that the ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one fo..Category: Business or Commercial Law | Date: | Hits: 138
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....8 was filed on 22.7.1992 stating that cause of action of the suit arose on 21.07.92 whereas Ext. 5 is dated 13.02.1950. There is also nothing on record to show that the respondents paid the earlier installments. Regarding non inclusion of the suit land in schedule ka and kha of the list of Aband......plaintiffs are out of possession and thus neither title nor possession of the plaintiffs having been proved, the High court Division erred in law in decreeing the suit against the well-settled principle of law that the plaintiffs must prove their own case and cannot succeed on the weakness, ......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..Category: Property Law | Date: | Hits: 29
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......rator though not a civil court, but sits as an alternative forum for resolution of the dispute brought by the parties before him and the arbitrator impliedly possesses the power of section 34. The principle of section 34 of the Code of Civil Procedure applies by way of analogy to an arbitra......on of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from flood. The respondent submitted a tender for construction of 5 sluice gate at a cost of Tk. 2,25,00,000/- which amount was subsequently raised to Tk. 3,52,00,000/- The petitioner accepted the tender of the appel..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......o rule was issued in W. P. No.798 of 1990 in respect of the prayer of the respondents challenging the sale deed dated 9.11.1989 W. P No. 4127 of 1992 challenging the self same deed is barred by the principles of constructive res judicata. 7. On the other hand learned Advocate for the responde......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ed Appeal No. 55 of 1995 and the respondent preferred appeal No. 58 of 1995. The Administrative Appellate Tribunal held that the government's contention that the respondent's case is barred by the principle of estoppels is not correct because by the respondent's conduct the Government was not l......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....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. ......d circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting and refusing the amendment. 8. We have hear the learned lawyers o......circumstances of the case, the findings of the Learned Single Judge to the effect that, "If any change is made in the plaint in respect of the suit khatian No. 769 to 766 it will not only amount to a departure from the basic document and the basic decree, but also it will shift the whol..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......cancelled. 3. The respective writ petitioners challenged legality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also ......f people curbed out rehabilitation plots out of the land earlier acquired. There upon allotment of plots were made to the petitioners of the respective writ petitions. These allotters deposited the amount mentioned in the letters of allotment. Thereupon the relevant authority made over po..Category: Property Law | Date: | Hits: 27
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ...... 2 is Nur Jahan, a neighbour of the informant and P.W. 3 is Rupban, the wife of informant and P.W. 4 is the Investigating officer, the Sub-Inspector of Pallabi police station. 5. It is the settled principle of law that only when a conviction and sentence is passed against a particular accused by ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......able in his case. The civil courts; hands are not tied up in such matters. In such a situation inherent right of the court has been recognized by section 151 of the Code. The result of applying the principle of the said section to case which comes before the court is that the court has to make su......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. .......1997 by the concerned bank with the comment of not having sufficient fund in the account. The complainant sent a legal notice on 23.5.1997 asking the accused respondent to pay back the entire amount. The accused respondent failed to comply with the notice and C.R. Case No. 1099 of 1997 unde..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ty of the plaintiff and had never been part of lake; that the defendant approved the plan in due course but subsequently, without giving any notice withdraw the same which is violative of the principle of natural justice; that as the suit land not being the part of the lake the order passed......d 25.03.1998 approved the plan and erected boundary wall, raised earth and made pilling works and got electricity connection and stored construction materials in the suit property and advanced huge amount for supplying construction materials and the plaintiff on 24.01.1999 entered into an agreem..Category: Property Law | Date: | Hits: 40
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