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Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......etitioner making a new claim for pre-Âemption on the basis of contiguous ownership of the disputed lands would prejudicially affect the responÂdent as it would alter the nature and character of the proceeding and when it was barred by limitation. 3. The appellant filed an application under secÂ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ...... remedy or this tribunal and not to others." 11. Mr. Hossain cited Md. Mafizuddin Vs. AbÂdul Hakim, 33 DLR (AD) 305 where the above obÂservation was noted with approval. That case arose out of a proceeding under section 26F of the Bengal Tenancy Act, 1985 and has got no relevance in this case. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......a copy of the old notice under 5(1a) along with fresh notice under 5(3) in 1973 was only in compliance with a misconceived decree but it did not vitiate the fresh notice under 5(3) or the acquisition proceeding in any way. Hence findings of the High Court Division that bar of the suit under section ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......sh in the Official Gazette (a) a list of buildings the possession of which has been taken as abandoned property under the President's Order (P.O. No. 16 of 1972). The minimum The Govt. must show in a proceeding where the publication of the list is challenged in respect of any properly by its owner, ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......n money with statutory compensation which the appellants opposed and such conduct of the appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the sa..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......rces Ltd. for construction of a Super Market in the suit property belonging to the school as illegal and void. The suit was under Order 1, rule 8 of the Code of Civil Procedure. The Court allowed the proceeding to continue as such by its order dated 1.6.88. 3. This School was established at the i..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......spondent contested the miscellaÂneous case asserting that the summons was duly served upon all the heirs of Danis Ali Molla includÂing the appellant and that the appellant had full knowledge of the proceeding but even then he did not come to contest the suit. The learned Assistant Judge by order d..Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......come Tax OfÂficer, Central Salaries, Circle II, Dacca to retire with immediate effect from service on charges of having reputation of being corrupt. 2. In the event of his conviction in the legal proceedings, if any, to be instituted hereafter the liability for payment of pension or proporÂtion..Category: Employment/Service Law | Date: | Hits: 80
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....missed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes ......of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal..Category: Criminal Law | Date: | Hits: 39
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......the cirÂcumstances corroborating the eye-witnesses may be such as (1) that the number of culprits mentioned was such as would be required for an attack of the kind which is the subject matter of the proceeding (2) that the persons named as culprits were such as would be expected to join in the atta..Category: Criminal Law | Date: | Hits: 52
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......cution case, namely Sessions Case No. 117 of 1983, which arose from a First InformaÂtion Report lodged by the complainant P.W. 2, is that while he and P.W. 3, both of them being yarn merchants, were proceeding towards Narayanganj for the purchase of yarn they were waylaid in the village Fulki by th..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......the appeal and though appointment of court guardian for the minor defendants under Order XXXII, rule 3 of the Code of Civil Procedure is mandatory non-compliance of the same will not render the whole proceeding of the suit including passing of a decree a nullity even if it is found that such non com..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......-in-opposition) that" such questions as to disqualification, etc. which are quesÂtions of fact are better settled upon evidence which can be done more appropriately before a Tribunal. In the summary proceeding under Article 102 it is not desirable and, more often than not, not possible to record a ..Category: Election Law | Date: | Hits: 130
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......finally upheld by the High Court Division in revision, is sustainable in law in view of the fact that a co-sharer in one of the plots of the holding transferred was not impleaded in the preÂ-emption proceeding. 2. This arises from Miscellaneous Case No.29 of 1976 of the Second Court of Munsif, N..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ssion. 8. Before parting with this appeal it is observed that the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial agaÂinst the rest of the accused persons evidence does forthcome involving ..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......d in favour of the plaintiff on the basis of such agreement on grounds other than those mentioned in Order 38, rule 5 of the Code; the plaintiff is to take step for necessary relief in an appropriate proceeding but it is not enÂtitled to any relief on an application as framed under Order 38, rule 5..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......cy Act was filed. It is to be observed that the Kabala under pre-emption was duly exhibited in the Court and the trial Court found that the reÂgistration made on 11-8-72 during the pendenÂcy of the proceeding had cured the defect of pre-maturity. The Court of appeal below as well as the High Court..Category: Property Law | Date: | Hits: 34
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101....... the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘hat’ in the afternoon of January 11, 1973. He was proceeding by the bank of Habiganj river and was being followed by P.W.1, AiÂjuddin Matbar. When Ra..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......d have contiguity in respect of all the lands sold. It is clear from the fact that it has been made incumbent that all the contiguous holders of land should be impleaded as parties to the pre-emption proceeding so that every contiguous holder may get their legitimate share in the pre-emption. But su..Category: Property Law | Date: | Hits: 32
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
......be for the Court to decide to whom the notice will be served.
In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in..
Category: Others | Date: | Hits: 84
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