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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. ......s entirely beyond what was contemplated by the parties when they entered into the agreement.” It cannot be said that the action of its Irrigation Department could not affect the interest of the appellants. It must be shown that the occurrence which rendered the contract incapa..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. ......The Deed of exchange was registered on March 2, 1967 after obtaining necessary permission from the proper authority. One Hrishikesh Moitra was a monthly tenant under the plaintiff’s predecessors in-interest and he left for Calcutta in 1965 and after his death Amal Kumar Moitra (added Defendant No...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. ...... learned Counsel for the petitioner made submissions on the entire provisions contained in the Regulation, it is quoted below in full: "Whereas it is necessary in the public interests to make certain supplementary provisions relating to abandoned properties for the p..Category: Constitutional Law | Date: | Hits: 307
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... Dhanmondi Residential Area, Dhaka and now kept in confinement in Special Sub-Jail at Sher-e-Bangla Nagar, Dhaka. 5. It was further stated that the respondent No.1 has been targeted by a powerful interested quarter within the present Government to destroy her political career as well as Banglade..Category: Civil Law | Date: | Hits: 254
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. ......ections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary ..Category: Constitutional Law | Date: | Hits: 124
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. ......ry citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health. 25. Article 38 provides that every citize..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the land during his life time and after him his heirs defendant Nos.1-9 are in possession of the land i.e. the suit land, that neither plaintiff nor the other defendants have any right, title and interest in the land in suit, that suit has been filed making untrue statements. 4. The suit..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... erroneously held that as S.A. Khatian No. 635 has not been recorded in the name of Dil Mohammad, the husband of the plaintiff-respondent, as such the plaintiff could not have any right, title and interest in the suit land. 9. The plaintiff though filed the suit for declaration of ti..Category: Property Law | Date: | Hits: 34
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. ......ntroversy with regard to the holding of share by the appellants in the company." The Government being satisfied as to the nationality of the writ petitioner-appellants and as to their share holding interest released Messrs Bella Artifitex admitted the claim of the writ appellants for payment of co..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. ......on fees and session fees as well as without tuition fees only to cause prejudice to the School and that because of the mode resorted to by High School the parents of the girl students would not be interested to admit their girls in the School and thereby the School would face serious loss which ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......(V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any further interest on the principle amount till realization. The terms of the decree being silent as to furthe..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......incipal question involved is, whether the learned Single Judge acted within his jurisdiction in reversing the concurrent decision on a question of fact namely, whether the respondent's predecessor-in-interest impliedly surrendered his tenancy right by voluntary abandonment of the suit land. 2. Ap..Category: Property Law | Date: | Hits: 38
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. ......he judgment dated 3-8-1999 passed by the High Court Division in Writ Petition No.2879 of 1999 rejecting the writ petition summarily. 2. The appellant filed the above writ petition in public interest, impugning the continued failure by the Government and other public authorities, in partic..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ction 7 requires the claimant of the property to establish "that the building is not an abandoned property and has not been vested in the Government under the President's Order or that his right or interest in the building has not been affected by the provisions of that Order." The Court of Settle..Category: Property Law | Date: | Hits: 37
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......Nadabipatra in favour of Dorajuddin in respect of 76 decimals of land and then on 15-1-1995 Amir Hossain and his mother sold 0.80 acres to Dorajuddin and though the defendants have no right, title, interest and possession in the suit land they on 30-5-1997 threatened to dispossess the plaintiffs ..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......t Control Ordinance 1963 which provides for letting out of premises on monthly basis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of tenants, who would..Category: Property Law | Date: | Hits: 34
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. ......ding enquiry for the purpose of facilitating such enquiry and also for maintaining discipline and efficiency in the service, might not amount to a penalty but was certainly an order adverse to the interest of the employee concerned, and as such the affected employee was in the ordinary course, e..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......n money was paid by Mokhles, father or the defendant Nos.2 and 3 and that he possessed the land on behalf of the defendant Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On consideration of the evidence, bot..Category: Property Law | Date: | Hits: 52
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. ......ision reads as follows: "In the result this appeal is allowed and the impugned judgment and decree are set aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and the respondent No. 1 is directed to exe..Category: Property Law | Date: | Hits: 94
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. ......e, that in the CS khatian there is noting that in the plots in question there are Eidgah, Swashan, etc., that there is similar noting in the RS record, that since the acquisition of rent receiving interest of the landlord, the land in suit is being used by the public in general (Muslims and Hind..Category: Property Law | Date: | Hits: 35
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