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Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....etirement and it was held by this Division that the respondent had acquiesced in the order of retirement and he was estopped from challenging the same, as the order of retirement was passed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed ...... of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, and later January 27, 1986 a charge was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corruption and misconduct by a Deputy Secretary, Ministry of Home ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....7. By a further telex dated 17-4-87 the defendant denied claims of total loss, constructive total loss or unrepaired damage. 3. The plaintiff therefore filed the suit with three alternative prayers:- (a) The vessel was a total loss and the claim for total loss is US $ 19,11,000.00 (vide p......ed 9.12.91 passed by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insura...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....ers left for India before the 6th September, 1965 and the suit property was treated as vested property. The decree-holder at first prayed for release of the suit property but ultimately gave up his prayer and took lease of the structures standing on the suit plot in the name of his wife. Ameda K...... 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 1959 from the 2nd Court of Munsif, Pabna. He instituted OC Execution Case No. 3 of 1962 which was dismissed for default on 2.5.63. Four other Execution Cases, namely, OC Execution Case Nos. 9/62, 3/63, 5/66 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....f 12 gandas of land along with building instead of 4 gandas as claimed by them in the plaint. 4. The learned. Subordinate Judge by his judgment and order dated 26-1-1985 rejected the belated prayer for amendment of the plaint on the ground that there was every possibility of changing the n......p; Judgment: Md. Ismailuddin Sarker J: This appeal by the: plaintiff-appellants by leave granted by this court in Civil Petition for leave to Appeal No. 224 of 1986, is against the judgment and order dated 29-5-1986 passed by a...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....gard. Defendant No.1 having prevented the plaintiff from seeing the child and he being the legal and natural guardian and being entitled to see the child under the agreement, filed the suit with a prayer, amongst others, as under: “A. A decree of mandatory injunction be passed......passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Sye......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....and, as such, her claim of maintenance for the child was not entertainable under the Ordinance of 1985. Secondly, past maintenance is not available to a child under Mohammadan Law and thirdly, in the prayer portion of the plaint the plaintiff did not specifically pray for past maintenance of the chi......mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....in the writ petition not having been issued in respect of Annexures “E” and “F” and the writ-petitioner not having prayed for any relief in respect thereto and that the only prayer for striking down the impugned Rules on the alleged ground of discrimination having been ref......;………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&helli......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....e, the suit as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without any prayer for recovery of khas possession, he dismissed the suit. On appeal the lower appellate Court ......lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
.... Judge of the High Court Division was not justified in reversing the decision of the Appellate Tribunal. 8. It appears from the judgment of the High Court Division that admittedly no written prayer was made before the Presiding Officer for recounting of the ballot papers on the allegation ......n vs. Md. Sadeq and another, 38 DLR (AD) 275. Lawyers Involved: NH Khondker, Advocate-on-Record— For the Petitioner Not Represented—Respondents Civil Petition for Leave to Appeal No.142 of 1995 (From the judgment and order dated 14 November 1994 by th......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ..Category: Others | Date: | Hits: 98
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....eptember 1993 the trial Court rejected that application. At the instance of respondent No. 1 the High Court Division set aside the order of the trial Court by the impugned judgment and allowed his prayer for the rejection of the plaint. 5. The petitioners now contend that when in the plai...... Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... implemented accordingly. Section 14 makes it a duty of the concerned authorities to implement the decision of BOI within the time-limit specified. It is admitted on all hands that after receipt of a prayer for setting up a joint venture company BOI set up a Sub-Committee with the Chairman of BTTB a...... (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior written permission from BTTB. Pursuant to and as......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....for cancellation of the order of appointment of the receiver and restoration of possession of the suit land to them and the learned Magistrate by his judgment and order dated 3.7.1991 allowed their prayer cancelling the order of appointment of the receiver and also allowed the appellants to with......uddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge of the High Court Division appointing a receiver for the suit properties in pending Civil Revision No. 366 of 1992. 2. The appellants institu...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ed and the accused person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a stated period. The whole purpose of unamended section 339C was ...... in Criminal Revision No. 291 of 1991). Judgment Mustafa Kamal J.- In agreeing with the ultimate order passed by my learned brother Ismailuddin Sarker, J., I would like to give my own reasons for dismissing the appeal. 2. Before the Code of Criminal Procedure was further amended by Act N......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......dar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim ......stence of the relationship of landlord and tenant between the plaintiff and the defendant No. 1. Secondly, that the remand order as passed is bad in law; that the lower Appellate Court was wrong in remanding the case directing the plaintiff to amend his plaint for a suit for establishment of titl...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... 16. The 3 affidavits which have been pointed in the Paper Book do not satisfy the condition of rule 1 of Order 19 of that Civil Procedure Code. The significant fact is that there is neither any prayer made on behalf of the parties nor is there any direction for filing such affidavit. From the...... appeal at the instance of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Moh......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....nd that the order of the Magistrate in respect of the petitioner is an order of acquittal, this Court may set aside the said order. We do not think that it would be proper for us to entertain this prayer. No case for setting aside the order of acquittal was filed and entertained by this Court. B......he petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated the case and submitted char...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
.... on receipt of the notice of the Miscellaneous Case the opposite parties 4 and 5 applied, under sub-section (4) of section 96 of the BBS A and Tenancy Act, to join in the said application and their prayer was allowed. These two co-applicants are the present petitioners 2, 3 respectively. 3......nbsp; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria wi......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Additional Court, Jessore in Miscellaneous Appeal No. 126 of 1969 by which the petitioner's prayer for temporary injunction till the disposal of the Other Class Suit No 357 of 1969 of the Sec......p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Ad......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....puted lands. The Circle Officer (Revenue), Mehendiganj was appointed receiver in respect of these char lands. The settlement of these char lands by auction was, however, subsequently stayed on the prayer of some of the parties. Thereafter, some of the added respondents filed a petition being Mis......on 60 of Survey Act filed by Hajee Jalal Ahmed and others against the order of the ADC (Rev), Bakarganj in the matter of boundary demarcation and settlement case records received with your memo No. forwarded to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the orde......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....dings of the Money Suit was stayed by the High Court till the disposal of the Rule. 5. In the said Rule an application was also filed on the 24th of June, 1969 by the petitioner with a prayer that the said Rule may be extended to cover the final disposal of the subject matter of the ...... Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 196......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
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