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Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
.... instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For Respondent No. 1. Not Represented -Respondent Nos. 2-27. Civil Appeal No. 7 of 1996. (From the Judgment and Order dated 2.2.1995 passed by the High Court Division in Civil Revision No. 3152 of 1993). Judgme......the earlier application of the defendant under Order 7 Rule 11 of the Code of Civil Procedure held that evidence is required to determine the cause of action of the filing of the suit and the said decision having been affirmed by the High Court Division in Civil Order No. 2840 of 1993 passed by ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
.... Ali, Advocate, instructed by Ataul Hoq, Advocate-on-Record-For Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1999. (From the Judgment and Order dated 12.1.1999 passed by the High Court Division in Civil Revision No. 2260 of 1998). Judgm......ason to remain absent on the date of hearing of the suit and as such the lower court rightly disallowed the Misc. case under order 9, Rule 13 and the learned Single Judge also rightly affirmed the decision of the lower court. 8. We have considered the submissions advanced on behalf of bot..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record - For Respondent No.1. Not represented - Respondent Nos. 2-8. Civil Appeal No. 14 of 1998 (From Judgment and Order dated 11.8.1997 passed by the High Court Division in Civil Revision No. 765 of 1994) Judgmen...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....ord - For the Petitioner. Khan Saifur Rahman, Advocate instructed by Sharifuddin Chaklader, Advocate on Record - For the Respondent. Civil Appeal No. 55 of 1995. (From the Judgment and Order dated 12-2-1993 passed by the High Court Division in Civil Revision No. 1346 of 1993). Judgment ......e and dismissed the suit holding that the trial Court had illegally shifted the burden of proof of service of notice of termination of the tenancy upon the defendant which resulted in an error in the decision of the suit. Mr. Nawab Ali further submitted that notice under section 106 of the Transfer ..Category: Tenancy Law | Date: | Hits: 154
M. A. Mannan Vs. Chairman, Second Labour Court and othÂers, 2003, 32 CLC (AD)
....structed by Sufia Khatun, Advocate-on-Record - For Respondent No. 2. Not Represented - Respondent Nos. 1, 3 & 4. Civil Appeal No. 234 of 2001. (From the Judgment and Order dated 25.3.1997 passed by the High Court Division in Writ Petition No. 2330 of 1995). Judgme......e of such grievance and the employer shall within fifteen days of receipt of such grievance, enquire into the matter, give the worker concerned an opportunity of being heard and communicate his decision, in writing, to the said worker. 14. From the above, we find that the empl..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....ate instructed by Mrs. Azra Ali, Advocate-on-Record - For the Respondent No. 2. Ex-parte - For the Respondent No. 1. Civil Appeal No. 59 of 1997. (From the Judgment and Order dated 10.3.97 passed by the High Court Division in Writ Petition No. 2122 of 1995) Judgment ......General Manager from the Judgment and order dated 10-3-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2122 of 1995 discharging the Rule Nisi and upholding thereby the decision given on 4.9.95 by the Third Labour Court, Dhaka in Complaint Case No. 19 of 1993 under se..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....ssistant Attorney-General with him) instructed by Md. Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 51 and 52 of 1997. (From the Judgment and Order dated 14 August, 1996 passed by the High Court Division in F.M.A. Nos. 60 and 112 of 1995). ......of the Act. Such a notice could not entitle the appellant to file the arbitration case. The arbitration proceeding was, therefore, without jurisdiction. In these circumstances we uphold the decision of the High Court Division although on different reasonings. The appeals are dismissed wit..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
.... Appellant. Manjur-Ur-Rahim, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 83 of 2000. (From the Judgment and Order dated 15 March 1999 passed by the High Court Division in First Appeal No. 277 of 1994) Judg......wholly unsustainable impression that the plaintiff manipulated the evidence to fit its case and wrongly evaluated the case of the respective parties on such wrong impression which has led to wrong decision and failure of justice. Leave was also granted to consider the submission that the High Co..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....am, Senior Advocate (Mrs. Tania Amir, Advocate with him) instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Intervener Civil Appeal No. 20 of 2001 (From the Judgment and Order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1998) Judgme......m those who were working as Kanungoe and the post of said officer shall be upgraded as second class gazetted post. Subsequently, after some inter-ministerial communications and deliberations final decisions was taken to upgrade the post of kanungo as second class gazetted post and ultimately gaz..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....- For the Respondent No. 1-7(In both the appeals) Not represented - Respondent Nos. 8-13 (In both the appeals). Civil Appeal Nos. 256-257 of 2001. (From the Judgment and Order dated 13 November 2000 passed by the High Court Division in Writ Petition No. 588 of 2000). ......lly and arbitrarily in allotting the same disputed plot to the appellant Bazlur Rahman and executing deed of lease in his favour without caring to the legal position as well as to the findings and decisions given by the High Court Division in Writ Petition No. 322 of 1977 and of this Division in..Category: Property Law | Date: | Hits: 30
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....the Appellants. Azra Ali, Advocate-on-Record - For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5. Civil Appeal No. 58 of 2000. (From the Judgment and Order dated 12.11.1998 passed by the High Court Division in Civil Revision No. 2948 of 1992.) Judg......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. ..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....ey General & Mahmudul Islam, Advocate - Amicous Curiae Not represented - Respondents No. 3 and 4 Civil Appeal No. 28 of 1990. (From the Judgment and Order dated 13th November, 1989 passed by the High Court Division, Dhaka in Civil Revision No. 569 of 198......nt of the plaint upon applying the correct principles of law as to amendment of pleadings as provided under Order VI rule 17 of the Code of Civil Procedure, 1908 and enunciated in various decisions of this and other Courts. 3. Plaintiff-appellant filed Title Suit No. 603 o..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....r the appellant. Md. M. G. Bhuiyan, Advocate-on-Record-For respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 30 of 1997. (From the Judgment and Order dated 13.7.1992 passed by the High Court Division in Writ Petition No, 499 of 1987). Judgmen...... Settlement having come to a definite finding that the respondent failed to discharge that onus, the High Court Division erred in law in holding that the Court of Settlement did not come to any decision as to the abandoned character of the property and further erred in law in shifting the on..Category: Property Law | Date: | Hits: 37
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....dvocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Civil Appeal No. 7 of 1998. (From the Judgment and Order dated May 8,1997 passed by the High Court Division in Writ Petition No. 1905 of 1990). Judgm......of the Labour Court moved the High Court Division by filing Writ Petition N. 1905 of 1990, 6. It was contended by the appellant before the High Court Division that the Labour Court made the decision on guess without considering the fact that there was ample evidence on record to find that..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....il Appeal No. 97 of 1997) Not Represented - Respondent Nos. 1-5, 12, 13 & 15 (In Civil Appeal No. 97 of 1997). Civil Appeal Nos. 97-98 of 1997. (From the Judgment and Order dated 27 June, 1996 passed by the High Court Division in Writ Petition No. 2465 of 1992). Ju......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. ..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
.... A. B. M. Bayzed, Advocate - For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General - For the Respondent. Jail Petition No. 13 of 2004 (From the judgment and order dated 9th July, 2003 passed by the High Court Division in Jail Appeal No. 79 of 2002) Judgment......stances of the cases and in the light of the discussion made above, we are of the view that the High Court Division took into consideration all material aspects of the case and arrived at a correct decision. The petition is dismissed. ..Category: Criminal Law | Date: | Hits: 50
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....Siddique, Advocate-on-record - For the Respondent No. 1. Not represented - Respondent No. 2. Criminal Petition for Leave to Appeal No. 156 of 2008. (From the Judgment and Order dated 13th March, 2008 passed by the High Court Division in Criminal Miscellaneous Case No. 1905 o......, in view of the facts and circumstances of the case and the materials on record, we are of the view the High Court Division upon correct assessment of the materials on record arrived at a correct decision. ..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....l, instructed by Mr. Mvi. Md. Wahidullah, Advocate-on-record - For the Appellants. Not Represented – the Respondent. Civil Appeal No. 287 of 2001. (From the Judgment and Order dated June 24, 1998 passed by the High Court Division in Writ Petition No. 1970 of 1993) Jud......ference 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 thereupon held "from the above decisions it is clear that the vested right accrued to the petitioner in respect of import at the ..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)
....Shahidul Huq, Advocate-on-Record- For Respondent No.2. Not represent -Respondent Nos.1, 3. Civil Petition for Leave to Appeal No. 1228 of 2007 (From the judgment and order dated 25.04.2007 passed by the High Court Division in Writ Petition No. 8184 of 2006.) Judg......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. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 866 of 2006 (From the judgment and order dated the 25th j April, 2006 passed by the High Court Division in Writ Petition No. 3515 of 2006).......lding under the inspection report of the respondent No. 4 who took preference the Sukhdeb Nagar site for the newly constructed Union Parishad Building. The Union Parishad was directed to take decision about the selection to site within 7 days by resolution on 18.05.2005 along with Than..Category: Others | Date: | Hits: 87