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Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......appeal, preferred by the defendants, the lower appellate Court reversed the decree of the trial Court and dismissed the suit holding, inter alia, that the plaintiffs had failed to show the cause of action for the suit in the plaint. The plaintiffs then moved the High Court Division in revision a..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......y and got it subsequently registered as kabala No. 1382 of 1978. In the recital of the document it was shown that the defendant made payments of Taka 2500.00 as baina and Taka 17,500.00 in full satisfaction of the consideration. In fact, he made no payment of the consideration. Therefore the kabala ..Category: Tenancy Law | Date: | Hits: 88
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......Annexure-M) the Government simply stayed the operation of their earlier order dated 22-9.86 (Annexure-L) and as such the High Court Division was not justified in declaring suo motu the administrative action of the government of withholding the grant and other entitlement to the School to be without ..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......ext of the Act cannot mean anything other than a suit as referred to in the Code of Civil Procedure. The word has been used not in a generic or vagrant sense so as to include any and every kind of action in a Court of law, but it has reference to the usual and accepted sense which is known as su..Category: Business or Commercial Law | Date: | Hits: 117
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......in Writ Petition No. 182 of 1997 filed by the petitioner. 2. The Petitioner filed the said writ petition seeking a Rule Nisi calling upon respondent Nos. 1 to 4 to show cause as to why their action in refusing to allot and sell the Bash Mohal Juri/l/Bash-1997 (Surma Charra) to the petitio..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......seeking aid for getting possession by evicting the plaintiff. Defendant No. 4 sent the petition to the Sub-Divisional Officer, Sadar (North), who in his turn deputed a Magistrate for necessary action. After enquiry the Magistrate directed the plaintiff to vacate the suit land and to hand ov..Category: Property Law | Date: | Hits: 72
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......ion Department after submission of charge-sheet against him in a case. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for th..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......bmission that the High Court Division failed to notice that the order dated 10-5-1992 which was passed by respondent No. 1 and impugned in the subsequent writ petition gave rise to a fresh cause of action. It was also argued that the right of Respondent No. 4 to get back the land having already ..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......y election to a local body or a legislative body in Bangladesh. (2) any person, who contravenes any of the conditions of service as stated in sub-section (I) shall be liable to disciplinary action including removal from his post by an order of authority which appointed such person on proc..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ...... a time when the Blackburn cases were just being decided in England which established the principle of “sufficient interest” for a standing and the doctrine of public interest litigation or class action was yet to take roots in the Indian Jurisdiction. The springboard for the liberalisation move..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......e of 12 acres of excess land of the Railway at village Jinardi for the purpose of setting up an industry there. The Ministry forwarded the application to the Bangladesh Railway Board for necessary action. The Government informed the Secretary of the Unnayan Parishad to get in touch with the Rail..Category: Administrative Law | Date: | Hits: 130
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ...... and Indentors (Registration) Order, 1981. In these circumstances the impugned Public Notification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......d by the law of limitation. 4. The trial Court did not accept the plea on the view that the suit being one for recovery of khas possession the determination of title and the cause of action having arisen on and from 6-7-1986 there was no scope to say that the suit was barred by li..Category: Property Law | Date: | Hits: 52
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......issed and the withdrawal of the suit without any permission to sue afresh will not prejudice any vested interest of the defendants who cannot be vexed with any further litigation on the same cause of action……………..(5) Cases Referred to- AZM Khalilur Rahman vs. Md. Syed Hossain and ot..Category: Property Law | Date: | Hits: 77
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......net decision dated 3.11.91 (regarding allocation of 60 marks for ACR and 40 marks for interview) without publication in the official Gazette cannot be treated as guideline and it was not an executive action in terms of Article 55 (4) of the Constitution and in the absence of any guideline (for promo..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ith rules 19 and 19A of the said Order. From the petitions under Order 38 rule 5 read with section 151 C.P.C. the learned Judges were unable to find “any concrete allegations and material about the action of the appellant for sale of the property and for closing the business. Rather we find that t..Category: Procedural Law | Date: | Hits: 134
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......d to undertake the journey from 13-4-85 to 16-4-86 for medical treatment and further that the said journey was approved by the competent authority. The respondent alleged in his writ petition that no action was taken on the said allegation but suddenly he was placed under suspension on 19-8-89 and a..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ...... whom no claim was made in the suit, contested the suit by filing a written statement stating, inter alia, that the suit is not maintainable in the present form and that the plaintiff has no cause of action and that the plaintiff filed the suit with the malafide intention and vexatious pleas to hara..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......Division the defendants of that suit who are defendant Nos. 2 to 6 in the present suit sold land measuring 90 Satangsha of CS Plot No. 371 to defendant No.1 by registered Kabala which is the cause of action of the present suit. The plaintiffs filed the present suit with the following prayer- ক..Category: Property Law | Date: | Hits: 101
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ction on 15.12.1991 (Annexure-D) for effecting long term settlement of the land in favour of the writ petitioner. The respondent No. 3 in spite of receiving the said letter did not take any action until 20.03.1995 when he issued a letter fixing salami amount at Tk. 27,37,632/- without ment..Category: Property Law | Date: | Hits: 127
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