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....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......nly declaring that the power of attorney executed by Binode Behari Dutta on 9.7.98 in favour of Ramesh Chandra Barman, the defendant, is illegal and not binding upon the plaintiffs and rejected the prayer of permanent injunction. As against that the plaintiffs preferred Title Appeal No. 104 of 200..
Category: Civil Law | Date: | Hits: 111
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......actor shall go through items and measurement prepared for final payment and file claims, if any, before he receives final bills. No claim or arbitration as per clause 22 shall be entertained, if no prayer is made before acceptance of final payment." 12. Then he referred to clause 20— Changes ..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....submission is that the appellate Court did not at all consider the plaintiffs case of bona fide requirement and hence the finding in this regard cannot be termed as a concurrent one. 9. In the alternative, it is submitted that in the interest of justice the matter be remanded to the appella......(e) of the sub-section (1) of section 18 of the Premises Rent Control Ordinance, 1963 will satisfy the Court as to the bona fide requirement of the landlord or as to the just cause for allowing a prayer for an eviction of the tenant will depend on the facts and circumstances of each particular..Category: Property Law | Date: | Hits: 64
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ndi as such to maintain the application. A written objection was filed on 1-4-82 whereupon the appellant filed an application for amendment of his application for pre-emption by claiming in the alternative pre-emption as a tenant holding land contiguous to the case land. 6. The respondent c......ee was impleaded as opposite party No. 1 when the written objection was filed on the plea that the pr-emptor had ceased to be co-sharer in the jote in view of his Mutation Case No. 63 of 1977-78. The prayer for dismissal of the pre-emption application was made. 10. It is only after this objecti..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ...... Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree ..Category: Civil Law | Date: | Hits: 113
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... made no move after the district election officer had refused to accept his nomination paper to approach the Election Commission immediately which he did after two months of the election. His belated prayer was rejected by the Election Commission. It was not right and proper for the High Court Divis..Category: Election Law | Date: | Hits: 112
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. ......r fresh assessment of compensation causing toss and injury to the defendants. 9. The learned Subordinate Judge by judgment and decree dated 31.8.85 dismissed the suit upon finding that the first prayer was superfluous and redundant as the plaintiffs had already obtained the declaration in T..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....le 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdic......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. ..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. ......lants 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 same view. ……….……..(5) Lawyers Involved:..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......rt Division under section 24 of the Code of Civil Procedure being Civil Revision Case No. 1020 of 1979 praying that the suit be withdrawn by the High Court Division and upon hearing the parties the prayer was allowed and it was registered as Transferred Suit No. 1 of 1980. 3. The matter was h..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources 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 dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......t Division, Dhaka in Civil Order No. 223 of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief ar..Category: Civil Law | Date: | Hits: 130
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......Election Commission directed consolidation and acceptance of the result as submitted by the Presiding Officer, the High Court Division could not sit on judgment over ii and direct a fresh poll on the prayer of the appellant. In any view of the matter, there is no merit in this appeal which is, ac..Category: Election Law | Date: | Hits: 125
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......assed by the High Court Division, Dhaka Bench, in Criminal Revision Case No. 225 of 1984). Judgment Shahabuddin Ahmed J.- Accused-petitioners have brought this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code includ..Category: Criminal Law | Date: | Hits: 39
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......hat the earlier suit was for mere declaration of title whereas the instant suit is for declaration of title and recovery of possession and further the earlier suit was dismissed in the absence of any prayer for recovery of possession and as such the decree in that suit does not operate as res judi..Category: Property Law | Date: | Hits: 35
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......ld be of no consequence. Unless there is a partition by, ”mets and bounds” the right of application under section 4 of the Partition Act subsists.………………….(11) When an applicant's prayer is allowed under section 4 of the Partition Act it involves a kind of forced sale for the str..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......e respondent. 2. The suit was fixed for hearing on 16th February, 1983. On that date the defendant filed an application for adjournment with a medical certificate on the ground of illness. The prayer for adjournment was, however, not granted and the suit was decreed ex-parte on that date. The..Category: Property Law | Date: | Hits: 38
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....h can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences." "237. (1) If, in the ca......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 ..Category: Criminal Law | Date: | Hits: 44
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. ...... etc. and also for permanent injunction against defendant-respondents. He also prayed for an order of temporary injunction by filing an application on the same date. 3. The respondents opposed the prayer for temporary injunction by filing separate written objections. They contended that since..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....edly the loan was not repaid within 27.1.88 (according to Annexure D (1) it should be 27.1.87) and therefore, the appellant was a defaulter. 6. Leave was granted to consider whether in view of the alternative remedy of going to the Election Tribunal the writ petition was maintainable and whethe...... 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. ..Category: Election Law | Date: | Hits: 130
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