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Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......his regard at the Bandar thana. In the meantime the Authority served notice upon the Islami Sramik Shangha to restore possession of the premises used by them and finding no response filed an eviction proceeding against them in the Court of a Magistrate who by order dated 5.10.92 ordered the Islami S..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......he balance of Taka 2 lakh. The appellant accordingly filed an application to the Income‑tax Authority for a clearance certificate and gave its photo copy to the respondent saying that he was proceeding towards finalisation of all the arrangements for registration of a kabala; but thereafte..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....s taken to the Sessions Judge which also proved unsuccessful. The petitioner then filed an application under section 561A of the Code of Criminal Procedure, Criminal Misc. Case No. 904 of 1994, for quashing the order of conviction and sentence and a Division Bench of the High Court Division by th......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..Category: Criminal Law | Date: | Hits: 74
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......elease of the property made on 8.8.84 invalid and directed eviction of the appellants from the disputed premises, allotting the same to respondent No. 4 and further directing initiation of criminal proceedings against the appellants for misappropriating Government property. This order dated 8. 11..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......ments and as such, I need not reproduce them here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originate..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ...... No. 1768 of 1992). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave, the question is whether the High Court Division erred in law and fact in refusing to quash the criminal proceedings against die accused‑appellant in Special Case No. 57 of 1993, now pending in the Court..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......ndignations expressed by the two Courts below and refused to interfere with the orders of the appellate Court below and discharged the Rules in the two revision cases. 9. At no stage of the proceeding the defendant‑appellants claimed that they came to know of the Court's order of st..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......order dated 24-6-86 rejected the application against which the appellant preferred Civil Revision No.131 of 1986 in the Sylhet Bench of the High Court Division and obtained a Rule and stay of further proceedings of the suit. 5. During the pendency of the said civil revisional case, taking advanta..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....of 1988 reversing the order dated 12-3-88 passed by a Magistrate, 1st Class, Upazila Sadar, Jessore in Cr Case No. 182(c) of 1987 instituted by the appellant against respondent No. I and thereby also quashing the proceeding of Cr. Case No. 223(c) of 1990 pending in the Court of Upazila Magistrate, S......sing the order dated 12-3-88 passed by a Magistrate, 1st Class, Upazila Sadar, Jessore in Cr Case No. 182(c) of 1987 instituted by the appellant against respondent No. I and thereby also quashing the proceeding of Cr. Case No. 223(c) of 1990 pending in the Court of Upazila Magistrate, Sadar, Jessore..Category: Criminal Law | Date: | Hits: 85
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... as an Officer on Special Duty. Once again nothing transpiring against the plaintiff he was reinstated by the Chief Martial Law Administrator on August 31, 1982 with a direction that a departmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverte..Category: Employment/Service Law | Date: | Hits: 77
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... 3. In order to appreciate the matter in appeal in which the impugned judgment was passed, the prelude to the said judgment may be usefully quoted here: “The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, prese..Category: Property Law | Date: | Hits: 80
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... in support of his case. The learned Advocate submitted that before cognizance the learned Special Judge was first of a required to comply with the proviso as aforesaid. That having not been done the proceeding was void ab initio. 9. It appears that the contention of the learned Advocate is well-..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......e wife of the deceased, Feezza Khanum, having already been on record as defendant No.2. The learned Judge of the High Court Division took the view that the misc. case was a separate and independent proceeding and substitution made in that misc, case did not automatically substitute the heirs of d..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......eal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....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 ......nding, inter alia, that the appellant noted his qualification as BA in the relevant form, though, in fact, he failed to passed the BA examination. Although the Administrative Tribunal held that the proceeding and order of compulsory retirement was illegal and void being without jurisdiction, but..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... 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 ......re unanimous that the assumption is fallacious, wrong and unwarranted, because it was neither the plaintiffs case in the plaint, nor the defendant’s in the written statement. We refrain from proceeding further on this issue, as we have no doubt in our mind that the Admiralty Court was tho..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....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 ...... Limitation Act. 6. The High Court Division in revision refused to interfere in the matter after holding that “since disability of the decree-holder continued with the fresh execution proceeding started by decree-holder’s son Abdul Mannan the finding of the Courts below regard..Category: Civil Law | Date: | Hits: 133
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ises Rent Control Ordinance the tenant is entitled to get rent receipt from the landlord and in the event of the failure of the landlord to grant rent-receipts to the tenant, the tenant can start a proceeding under section 27 of the Ordinance before the Rent Controller but in the present case th..Category: Property Law | Date: | Hits: 56
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....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 ...... 2 1.8.94. 7. Against Order No. 10 dated 23.11.94 the defendants filed a revision, being Civil Revision No. 4002 of 1994, before the High Court Division and obtained Rule and stay of further proceeding of the suit. Thereafter the plaintiff filed an application for vacating the order of st..Category: Family Law | Date: | Hits: 162
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