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Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... does not arise. It is the same person who had been brought on record and only by a technical rule procedure an attempt has been made to prolong the proceeding. It is well settled that when a party respondent in appeal dies and one of his legal representative is already on record in an..Category: Trust/Waqf Law | Date: | Hits: 193
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. ......l also referred to the provisions of Order 6 Rule 17 of the Code of Civil Procedure. These provisions are as follows: ''The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all suc..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. ......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 competent to file a cross-objection under Order XLI rule 33 of the Code of Civil Procedure ha..Category: Property Law | Date: | Hits: 38
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......dated 13th October, 2008 passed by the High Court Division in Civil Revision No. 2145 of 2008 discharging the Rule.
2. Short facts as placed before the High Court Division are that the opposite party Nos.1 and 2 as plaintiffs filed Suit No.84 of 2008 in the Court of Senior Assistant Judge, Kis..
Category: Civil Law | Date: | Hits: 118
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......imals of land of Plot No. 1936 was recorded in their names. They further came to know that the other suit land was recorded in S.A. Khatian in the names of defendant Nos. 1 and 2. Kalu was not made party in Other Suit No.55 of 1966. 3. The defendant Nos. 1 and 2 contested the suit contend..Category: Property Law | Date: | Hits: 28
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. ...... our attention to the additional paper book and submitted that one Tariqul Islam was actually in possession of House No. 5/23, Block-D, Nurjahan Road, Mohammadpur. The present appellant was a party in the Title Suit No. 12 of 1975, which was filed by the respondent No. 2 for a decree for sp..Category: Property Law | Date: | Hits: 38
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......89 (AD) 162 has rightly submitted that the granting of full relief by way of disposing a revisional application summarily without issuing any Rule and behind the back of the affected opposite party is neither legal nor fair. The learned Judges of the High Court Division appear to have commi..Category: Procedural Law | Date: | Hits: 96
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......for recording abatement of the suit informing that Khairunnessa had died on 28 December 1983. This application was rejected on 29 August 1985 as not maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....os. 1 and 2 contested the suit by filling written statement denying the material averments made in the plaint and contending, inter alia, that the suit is not maintainable and the same is bad for defect of parties as well as is barred by limitation and there is no cause of action, that Khemankar......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
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....... 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
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
.... learned advocate:- (i) That the Courts below were wrong to hold the impugned order of dismissal of the respondent from the service as illegal when there was no procedural error or defect in the domestic enquiry rather it was held in strict compliance writ the provisions of WA......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. ..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. ......ngle Judge of the High Court Division (Sylhet Sessions) by a common order dated 29 October, 1987 in Civil Revisions Nos. 2, 5, 6 and 14 of 1984. The appellant's simple contention is that it was not party to the compromise and that no rule having been issued against it, the order accepting th..Category: Property Law | Date: | Hits: 32
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... the High Court Division in Civil Revision No. 405 of 1998 (Dhaka) /Civil Revision No. 242 of 1998 (Rangpur). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by a third party-added defendant-appellant is from the judgment and order dated 6.8.92 passed by a learne..Category: Property Law | Date: | Hits: 30
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......Bench of the High Court Division in Criminal Revision no. 128 of 1996 are set aside and the said criminal revision shall be heard afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reporte..Category: Criminal Law | Date: | Hits: 42
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ...... exchange Ext. 2. 8. The learned Advocate-on-Record for the appellant mainly argued that the payment of consideration money for Ext. 2 was not proved and the plaintiff of the suit being not party to the disputed deed and no case for pre-emption having been filed by them, they had no ..Category: Property Law | Date: | Hits: 33
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. ......ing the real question in controversy between the parties shall be made. Order VI rule 17 C.P.C. provides as follows: 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner and on such terms as may be just and all such ..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. ......esent case before us the decree of specific performance of contract was obtained by the respondent and in this decree no such declaration as aforesaid has been made. The Government may be added as party in such a suit as required under P.O. 142 of 1972 but in such a case no relief has been praye..Category: Property Law | Date: | Hits: 37
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. ......consider the evidence either omitted from placing before the trial court, lower appellate court or before the High Court Division or for the purpose of adducing any new evidence left out by either party required for effective adjudication of the matter in dispute. The direction of the High ..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. ...... Labour Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labou..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. ......cient cause for doing so. 15. Further sub-section (2) of section 28 of the Evidence Act provides that notwithstanding anything contained in sub-section (1) after a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground tha..Category: Property Law | Date: | Hits: 35
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