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Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......was also affirmed by the High Court Division; thereafter she filed pre-emption proceeding and has been trying to get the possession of the suit land through court and the plaintiffs had no cause of action and also locus standi to file the suit. The learned Assistant Judge, after hearing, allowed..Category: Property Law | Date: | Hits: 60
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......nt No. 2 was thus a purchaser of possession of the suit premises and thus became tenant of the premises and that no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evi..Category: Property Law | Date: | Hits: 31
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......tions praying for 'saham'. The common contentions raised in the written statements was that the suit was not maintainable in its form and frame, bad for defect of parties and without cause of action. 4. The written statement filed by defendant No. 1, in short, is that Nizamuddin..Category: Procedural Law | Date: | Hits: 86
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... selected by the local people for three years. The deed also provided for maintenance of accounts and its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference t..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......the Union concerned on rearranging the existing wards should have been made prior to holding the election, particularly when the appellant along with seventeen others applied for taking appropriate action in this regard. The failure of the respondent to give effect to the notification shows malaf..Category: Election Law | Date: | Hits: 114
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......r was pleased to depute a Deputy Director (Revenue), Sylhet for holding an inquiry. Accordingly the said officer submitted a report. In spite of all efforts and endeavour made by the appellants no action was taken by the respondent to remove the bund nor did they take any other action to remedy ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......;s right to property had been affected by them, and also, (2) to take away the jurisdiction of the courts including the Supreme Court in determining any question relating the legality of Government action taken under the aforesaid Order and (3) annulment of any Judgment, decision, decree, writ, ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......g that their scales of pay as Preventive Officers had been raised and that their pay scale was similar to the post of Appraiser and the promotion as Appraiser was merely a formality and paper transaction. Their case went up to the Appellate Division and the Appellate Division by its judgment and..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......conceded that Article 48(3) of our Constitution does not bar the Court from calling upon the appellant to disclose to the court the materials upon which the President had formed its requisite satisfaction even the appellants are entitled to privilege under section 123 of the Evidence Act and whe..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......hers ...............Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint…&helli..Category: Civil Law | Date: | Hits: 111
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......and others to show cause as to why activities for pro-hartal and anti-hartal should not be declared as cognizable offence and the Criminal Courts and the police should not be directed to take action accordingly. 4. The appellant and the others appeared in the said Criminal Miscellan..Category: Criminal Law | Date: | Hits: 79
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......the time of granting leave. 10. In continuation of his submission, Mr. Ahmed submits that he has got no grievance as to the findings made by the High Court Division on merits of the case since the action of the respondent has been, in fact, declared illegal by the High Court Division. But he emph..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... upon observing that the authority discouraged admission of girl students in a boys' school in case the said School is within 1 kilometre of a girl School and, in that state of the matter, the action of the High School, wherein admission of girl students remained suspended for a long time, ..Category: Civil Law | Date: | Hits: 216
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... that the miscellaneous case was liable to be allowed on the ground of fraud alone. 10. Mr. M Nurullah, learned Counsel for the plaintiff-respondents, submits, on the other hand, that the cause of action and the reliefs prayed for in the two suits are vastly dissimilar, suit land being the same. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......d letter of intent. 3. The appellant opposed the Rule by filing affidavit-in-opposition stating, inter alia, that the dispute in the writ petition involves questions relating to a commercial transaction in respect of which a writ petition is not maintainable; infringement of any fundamental righ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......rticular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997 in taking action, inter alia, to seal tube-wells contaminated with arsenic and to test water quality and to e..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......ecute their scheme. Without the presence of PW 3 this smooth sailing may not have been possible. 82. As for inviting PW 3 to witness a murder, all murderers must leave some trail of their criminal action or else no murder would be solved. May be PW 3 was considered to be of such supine character ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......t. The learned Judges seem to be of the view that from the audit report itself it will appear that a formal proceeding was in the offing which could not be formally initiated because of the hastly action taken by the petitioner in rushing to the Court and in having obtained an order of stay. ..Category: Employment/Service Law | Date: | Hits: 79
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......tled to any other amount and also is not entitled to get back the land. 11. The trial Court decreed the suit on the finding that the suit so framed is maintainable and that there is cause of action for filing the suit, that the defendants were required to obtain kabala on payment of the ba..Category: Property Law | Date: | Hits: 94
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