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Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......rder dated 11.2.81 that there was a local enquiry and it was found that the appellant had transferred the settled lands to his brothers by registered deeds long ago and they had been enjoying the interest and produce since the transfer. The appellant claimed before the S.D.O. on 3.2.81 that the ..Category: Property Law | Date: | Hits: 29
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 majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ...... guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no necessity of contesting the appeal and though..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 allowed 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. ......ion which the appellant had described as concocted and forged. The appellant contended that he had taken a project loan from the Krishi Bank in the name of M/s Lovely Flour Mill which was repaid with interest and no arrear remained outstanding. He also obtained a working capital loan (চলতি..Category: Election Law | Date: | Hits: 130
Unimarine S. A. Panama 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. ......the plaint or other paper or documents on record. It is to be remembered that it is only the property of the defendant that is liable to attachment under this rule. The defendant must have attachment interest in the property to be attached under this rule. We find that in the case of Shamsul Huda Vs..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......ssession by making certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of th..Category: Property Law | Date: | Hits: 33
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. ......sferred. All the co-sharer tenants of the holding and all the tenants holding lands contiguous to the land transferred and the transferee be made parties. (5). (a) If (i) a co-sharer tenant whose interest has accrued by inheritance and (ii) a co-sharer tenant whose interest has accrued by purcha..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......f the provisions of the Code of Criminal Procedure. The High Court is not given nor did ever possess, unrestricted and undefined power to make any order, it might be pleased to consider, was in the interest of justice. Its inherent powers are much controlled by principle and precedent as are its e..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ourage and incite interferences with the administration of law and the maintenance of law and order. "Furnishing of any more facts and particulars than those given above would be against public interest. "You are further informed that you have a right to make a representation in writing to..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n the instant case the mother and her five minor children acquired shares in the firm by operation of the Muslim Law of inheritance on the death of the partner Taherally Adamjee. The acquisition of interest by inheritance was not the result of any volition or conscious act on the part of the mothe..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......ithdrew the said amount. On reference to the Arbitrator by the respondent the Arbitrator by his judgment dated September 10, 1967 passed an award for Rs. 5,86,768,84 with a direction for payment of interest @6½% till the date of final payment in Arbitration Case No.158 of 1967. The then province ..Category: Procedural Law | Date: | Hits: 101
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......igh Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession i..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......on or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested persons award of compensation has rightly been refused. However, the plaintiff is entitl..Category: Employment/Service Law | Date: | Hits: 82
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......laintiff No.9, died before her father and being a predeceased daughter, the plaintiff No.9, cannot be treated as co-sharer of the suit property; the plaintiffs who relinquished all their right and interest are not entitled to any share by way of partition and the defendant No.1 is holding the en..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......ule. 2. The facts leading to the leave petition are that the predecessor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the deed of heba bil-ewaz No...Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......btained in Title Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No. 22 of 1987) had no right, title and interest in the land of the said suit i.e. Title Suit No. 860 of 1981 and the plaintiff of the insta..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......then the High Court Division is entitled to entertain the writ petition for the ends of justice. 14. Mr. Khan strongly submitted that owing to conspiracies and calculated maneuverings of the interested quarters of the appellant, the remedial measures could not be implemented by the appella..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. 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. ......confidence or had fiduciary relationship with the pardanashin lady. It is only in such cases, the donee or transferee will carry the additional burden to prove that the lady had independent and disinterested advice from persons other than the recipient of the document." 12. In the af..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......lled and that the order of the Revenue Officer dated July 28,1986 cancelling the khatian that stood in the name of the plaintiff was not sustainable in law, that the plaintiff has right, title and interest in the land in suit and in the shop standing therein. 6. The defendants went on appe..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ahila Ashana) Nirbachan Ain, 2004 being ultra vires to the Constitution and violation of the fundamental rights of the petitioners. 3. All the above writ petitions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certa..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......h his service under respondent No. 2 for the purpose of pension from respondent No. 2. On the date of his retirement the petitioner completed more than 25 years of service and the authority in the interest of the company retired him on 20-9-1995 from service with pension under rule 5(Kha) of Tit..Category: Employment/Service Law | Date: | Hits: 109
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