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Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... rejection of a plaint should not be hastily made without affording opportunity to the plaintiff either to cure the defect or to amend the plaint. To prevent the fresh suit on the same cause of action from being barred and to avoid the large costs, time factors and other difficulties, the Co..Category: Civil Law | Date: | Hits: 91
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ....... The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of reconveyance would be treated as a sham and colourable transaction. In such a case, the r..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......No. 203/31, that as the said decree in Title Suit No. 43 of 1978 clouded the title of the plaintiffs in respect of the land of plot No. 203/31 they were constrained to file the suit, that cause of action arose on May 20, 1985 on which date they obtained the certified copy of the plaint and the d..Category: Property Law | Date: | Hits: 51
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... are not necessary parties as they are persons whose presence is necessary for the proper constitution of the pre-emption application. Order I, rule 9 of the Code does not apply when a cause of action arises against a number of persons jointly because when one of such persons is eliminated n..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......t flag designed for undermining the authority and the dignity of the Supreme Court and also certain remark personally directed towards the Judge in question and even suggesting for taking criminal action against the Judge concerned which, in the facts and circumstances of the case, manifest the ..Category: Criminal Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ...... 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has closed the do..Category: Property Law | Date: | Hits: 51
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ontested the Rule denying the statements made in the writ petition and contending, inter alia, that the letter dated 7-6-2003 having been withdrawn by writ-respondent No. 3 on 26-6-2003, the cause of action of the writ petition has become non-existent and the Rule has become infructuous. 4. The w..Category: Information Technology Law | Date: | Hits: 266
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 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. ......nst the [Government] 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 cla..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......riminal case in that the revisional authority decided the case on 12-3-1988 prior to the judgment of the Special Tribunal passed on 22-5-1988 and the decision of the Tribunal is no bar to take an action independently for an offence under the Customs Act, 1969. Lastly, he submits that the learn..Category: Business or Commercial Law | Date: | Hits: 96
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ...... of the provisions of article 7 and non-compliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- B..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... joint written statements contending, inter alia, that the suit is not maintainable in its present form and manner; that the suit is baseless and barred by limitation and there is also no cause of action for the suit; that the defendants on 11-12-1985 filed an application to the Deputy Commissio..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... with the questioned ones, unless the latter are completely tampered with. This is not the case here. That is why the Assistant Sessions Judge took them to task asking them to show‑cause why action would not be taken against them for returning the documents without examination. 13. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......s made by the appellants, the displaced elected Chairmen, one is that the Repeal Ordinance is itself invalid since there was no existence of any circumstance which, according to the President's satisfaction, rendered it necessary to make the Ordinance just 20 days before the session of Parliament wa..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......al, more so, when the State has not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......e of plaintiff No. 2 Mr. Rahimullah Chowdhury who died during the pendency of the suit. There is no doubt that the Court Reporter of the Bangladesh Observer has tried to obtain a peculiar satisfaction by making virulent attacks on the Judge who has dismissed the suit." ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......University excludes students for the purpose of filling an appeal under Article 52. This Article gives right to any person or class of persons "in the University" if he is or they are affected by any action of the University authorities. To file an appeal against the University authority itself a pe..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... avoidable error in granting a certificate in this case. 9. Mr. Syed Ishtiaq Ahmed, learned Counsel for the appellant, submitted that if respondent No. 4 had sworn a false affidavit the transaction did not become void; but was a voidable one. RAJUK has neither cancelled the allotment nor t..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......urs and then he got treatment in his house for 15 days. Tara's father, the Informant, lodged first information report on the following morning at about 7‑30 AM whereupon the Police moved into action, investigated the case and. thereafter submitted a charge‑sheet against all the 12 acc..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
.... right of monthly tenancy not being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant....... a proceeding under Order 9 rule 13 of the Code is actually an application under section 151 of the Code of Civil Procedure. It will not be governed by the principle of survival of cause of any Costs action as in Order 22 rule 3 of the Code of Civil Procedure. Secondly, it was contended that in view..Category: Tenancy Law | Date: | Hits: 90
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......ed. It has been stated therein that when an order of a domestic tribunal is challenged all that the court is to see is whether the charge framed against the delinquent constitutes any was fat Venal action, that the delinquent was given opportunity to defend himself that the tribunal was constitu..Category: Employment/Service Law | Date: | Hits: 67
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