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Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......the revenue officer cancelling the mutation earlier made in the name of the plaintiff and the record prepared in the name of the plaintiff's vendor. 17. One who is challenging legality of an action of the authority or of a specified person authorised by the law to do some thing as regard a..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......there is no provision in the Ordinance for preferring an appeal before the Government against the order of Tribunal. The power to transfer the case from one Tribunal to the other is an independent action to be taken by the Government of its own motion or on an application made on behalf of any o..Category: Election Law | Date: | Hits: 122
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ts that objections filed by some of the writ petitioners have been rejected after hearing them there being no substance and that the project being almost complete the action of the writ petitioners in stopping the completion of the project unnecessarily..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....dent Judgment May 16, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) The Stamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedu......887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for the suit. As per the plaint it is abundantly clear that it is the plaintiff-Company which..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......n for the connected documents and ultimately instructed his Advocate Mr. Md. Nurul Huda to send a registered letter to defendant No. 2 which he did on 17.11.73 requesting him to complete the transaction. Defendant No. 2 by a registered letter dated 22.11.73 regretted his inability to do the same..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......tate in corroboration with each other consistently as to utter or use of any common words of language by accused Imam Hossain while giving alleged order to accused Abul Khair to go for action, rather the evidence in cross-examination of P.Ws.26 during retrial on second occasio..Category: Criminal Law | Date: | Hits: 52
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate, Chittagong for taking action as per provision of section 64(1) of the Waqfs Ordinance, 1962 (the Ordinance) for evicting t..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......Khandker and Wali Mohammad Siddiqui. 6. It may be mentioned initially the suit was file seeking the reliefs (a) and (b) as mentioned above stating in paragraph 13 of the plaint "That the cause of action for the suit arose on 27-10-69 at Bama Charan Chakraborty, Roy, P.S. Sutrapur within the Juri..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......rnment] relating to the affairs of [the Railway], the General Manager of the Railway, and in the case of a public officer, delivered to him or left at his office stating the cause of action, the name, description of place of residence of the plaintiff and the relief which he claim..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ...... the claims of the Bank. Section 40 itself indicates that the taking over of the management of the concern can be made notwithstanding anything contained in section 39. Thus it cannot be said that if action under section 39 is taken action under section 40 cannot thereafter be taken. It is equally..Category: Banking Law | Date: | Hits: 117
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... case a High Court acting under Article 98 could indeed invoke its superior authority to impose upon such statutory Tribunal, despite the finality given to its determination, the requirement that its actions should be within its jurisdiction, that they could not be in defeat of that jurisdiction and..Category: Election Law | Date: | Hits: 102
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ucted themselves. 3. The petitioner Nos.1-3 as defendant contested the suit by filing written statement stating, inter-alia, that the suit is not maintainable as there was no cause of action. That Nur Ahmed and others did not sell the suit land to the respondent No.1 and that they d..Category: Property Law | Date: | Hits: 41
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......r of the learned Joint District Judge. 6. Hence is this petition. 7. Mr.Mahmudul Islam learned Counsel submits, inter-alia that the petitioner having filed the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be add..Category: Business or Commercial Law | Date: | Hits: 121
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......her existing laws. The writ petitioners in question violated the said Act and set up a factory at Gazipur to produce Crown and Hunter in the "brewing process" and market them to the utmost dissatisfaction and protests of the country and such action cannot be legalized through granting licence de..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ortunity to the writ petitioners to work in any project and that as a result of the said amendment the writ petitioners have been denied equal opportunity employment and as such they challenged the action in the writ petitions and prayed for declaring the same to have taken without lawful authori..Category: Others | Date: | Hits: 87
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... possession to respondent No.1. We do not find that the petitioner who is neither a plaintiff nor defendant thereby being not a decree holder not judgment debtor, could not legally resist the action and as such we find substance in the submissions of the learned counsel of the respondents. ..Category: Property Law | Date: | Hits: 33
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In 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. ......nts 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 Khemankari Devi, the original owner of 1.15 acres of land of Plot No. 685 settled .61 ..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......pport of Civil petition No. 223 of 2005, Mr. T. H. Khan, learned Counsel submits, inter alia, that the writ petitioner respondent being satisfied with the decision of the respondents in their action to hold 6th call, paid bid money for 7 items only out of 14 items mentioned for the bid and..Category: Civil Law | Date: | Hits: 97
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......12-10-2000 and the Sub-Assistant Engineer of the PWD. made purported delivery of possession to the appellant on the same day which was practically impossible and the same was mere a paper transaction. In fact, the appellant entered into the land in question on 16-10-2000 and dispossessed the..Category: Property Law | Date: | Hits: 37
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......with other petitioners, held meeting and conspired to blast bomb upon the Judges and others in the administration resulting in the murder of the two Judges and petitioner Mamun being one of them, his action comes within the mischief of offence punishable under section 120B of the Penal Code as 48 we..Category: Criminal Law | Date: | Hits: 213
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