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Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......d leave contending that High Court Divison was not at all justified in making the order of remand instead of disposing of the appeal on merit, particularly when the parties before it never made any prayer for remand. 8. This Division in the background of the facts on the record observed that it..Category: Property Law | Date: | Hits: 67
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......common well wishers the parties have compromised the matter out side the court and the parties would not contest the appeal before the High Court Division. In the compromise petition prayer was made to allow the appeal and to grant probate upon the said will and accordingly th..Category: Property Law | Date: | Hits: 74
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......sition to place his case in either of the two forums although he is in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......t Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60. The plaintiff also made further prayer for declaration that "Ga' schedule land is not the part of acquired land published..Category: Property Law | Date: | Hits: 22
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. ......le land in favour of the respondent No. 4. It was the positive case of the pre-emptor the transaction was in effect not an exchange as camouflaged, rather it was an out and out sale. 3. The prayer for pre-emption was opposed by the pre-emptee appellant and respondent No. 4 (Opposite Party..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......e Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share of the sui..Category: Property Law | Date: | Hits: 20
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. .......1 and as such that fact should have been noticed of the learned judges before recording the office order dated 12.3.1996". "For that facts and circumstances of the case the prayer for condonation of delay should have been granted and the order of the High Court Division ..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....ff and against the defendant for manse profits with interest therein @ 15% per annum for the goods detained mentioned in schedule "D" below after calculation of the same by the Court itself or in the alternative pass a preliminary decree for mesne profits with interest there on @ 15% per annum for t......ire any ownership, title and/or right over the goods in question. 9. The learned advocate further submits that the suit as framed is of conversation of the goods of the plaintiff. The plaintiff's prayers in paragraph "B" are that "pass a decree in favour of the plaintiff and against the defendan..Category: Civil Law | Date: | Hits: 79
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......common well wishers the parties have compromised the matter out side the court and the parties would not contest the appeal before the High Court Division. In the compromise petition prayer was made to allow the appeal and to grant probate upon the said will and accordingly th..Category: Civil Law | Date: | Hits: 114
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. ......d Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants including the present Respondent Nos. 1 and 2 stating, inter alia, that on the prayer of the defendant Nos. 1 and 2 the Bank by its sanction letter dated 16.7.1995 allowed loan ..Category: Civil Law | Date: | Hits: 121
Mridul Baul Minto and another Vs. Serajul Islam Babul and others, 2002, 31 CLC (AD)
.... allow the Respondent No. 2 to live with the Respondent No. 1 as his wife made in the Criminal Miscellaneous Case No. 4691 of 1997. Ed. This Case is also Reported in: 1 ADC (2004) 358. ......ection 14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. 2. Criminal Miscellaneous Case was filed under Section 497 and 498 of the Code of Criminal Procedure with the prayer for anticipatory bail. The High Court Division by the order dated December 10, 1997 up..Category: Criminal Law | Date: | Hits: 64
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. ......s to the suit for specific performance of contract by being duly substituted of the deceased brother. 8. Mr. Fazlul Karim, the learned counsel submits that the courts below rejected the prayer for pre emption on consideration of the facts that the pre emptor respondents were duly subs..Category: Property Law | Date: | Hits: 28
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. ......provision for allowing an employee to go abroad on deputation; on completion of the term of service abroad he returned to Bangladesh and applied for reinstatement in the service of BPDB with a prayer for maintaining his seniority from the date of first appointment; in its 356th meeting date..Category: Employment/Service Law | Date: | Hits: 82
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ...... 5 of Limitation Act seeking condonation of delay of the said days and thereupon Rule, Criminal Rule No. 88 (R) of 2001 was issued. 2. The appellants entered appearance in the Rule and opposed the prayer for condensation of delay. The High Court Division condoned the delay upon observing that the..Category: Criminal Law | Date: | Hits: 109
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......rial Court dismissed the suit holding that plaintiff is entitled to 13 decimals of land which his vendor Ishaque was entitled out the land in suit, that the suit was not maintainable since no prayer for partition was made as per direction of the appellate court made in remanding back t..Category: Property Law | Date: | Hits: 46
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....of the letter issued by the respondent No.1. In that letter the respondent refused to accept the committee formed under the leadership of respondent Nos. 5 and 6 and further said that there was no alternative but to hold the election by ways of secret ballot. Respondent Nos. 5 and 6 challenging ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
.... Samity.....The inordinate delay in considering his appeal was good enough reason for the petitioner to be aggrieved and to file this writ petition. Further it was pointed out that although an alternative forum is available if an order is passed without jurisdiction then that is corum-n......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......ebruary, 1999 giving priority to this case over all other cases. It is to be mentioned here that the accused respondents earlier moved the High Court Division several times for bail but their prayers were rejected. The accused respondents also moved this Division in criminal petition for le..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ode of Civil Procedure does not in terms apply to an arbitration proceeding as the arbitrator is not a civil court but it is undeniable that the arbitrator though not a civil court, but sits as an alternative forum for resolution of the dispute brought by the parties before him and the arbitrato......le on the awarded sum till realization. This award was signed on 3 November, 1994 and was filed before the learned Subordinate Judge on 14th November, 1994. Before the learned Subordinate Judge a prayer was made on behalf of the respondent for making the award a rule of the Court. The present ..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.......appellants of both the appeals and as such acted illegally in making the rule absolute. He further submitted that in view of the fact that no 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 challeng..Category: Tenancy Law | Date: | Hits: 148
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