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C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ...... and vested in the Government. 7. The Court of Settlement by its judgment and order dated 23.5.1989 dismissed the case holding, inter alia, that the appellant has not acquired any right or interest in the disputed property. Appellant then moved the High Court Division and obtained a Rule..Category: Property Law | Date: | Hits: 86
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 ......he Authority to the satisfaction of all concerned and given the charge of Chief Medical Officer on 5.12.92. It has been alleged in the writ petition that there developed a resistance among the vested interest against the detenu and they started discriminating him on the ground of religion and a sent..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......69 Manzur Murshed, the predecessor of plaintiff Nos. 1 and 2 purchased the 1/3rd share of Indra Bala Dhar. On 25 February 1970 the same parties purchased the shares of the successor‑in‑ interest of Aswini Kumar Dhar. 3. Defendant No. 5, Golap Mani, contested the suit asserting..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......ions are attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of the gift is to transfer the usufruct of the property then in that case a limited interest is created for a particular time and, therefore, conditions can be attached to it such as t..Category: Property Law | Date: | Hits: 146
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. ......e promissory estoppel cannot prevent a legislative body from making a law. However, if the Government or a public authority is bound to keep its promise, it will not be so bound when a greater public interest requires that the promise should not be acted upon. Similarly, the promissory estoppel is n..Category: Property Law | Date: | Hits: 79
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. ......ail at the relevant time. The appellant filed an application praying for issuance of a fresh summons upon defendant No.5. All the defendants are members of the same family and there is a community of interest between them. The trial Court by order dated 24-6-86 rejected the application against which..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......“a suit for the possession of immovable property other than a suit for ejectment of a tenant unless, any other court or officer has exclusive jurisdiction in the matter or for the recovery of an interest in such property;’ 11. It is manifest that sub-section (2) of se 15 read with artic..Category: Tenancy Law | Date: | Hits: 87
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 ...... the instance of the Deputy Chief Martial Law Administrator. 4. The defendant resisted the claim and pleaded that the corporation decided to terminate the service of the plaintiff in public interest and that the order of termination was issued by the said corporation with the prior approv..Category: Employment/Service Law | Date: | Hits: 77
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ...... expression and of the press as occurring in the said Article 39(2), that even if they were so, the impugned Act putting restriction on publication and sale of note-books was lawfully passed in the interest of decency and morality and that the restriction imposed by the impugned Act being really..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......case was contested by respondent No. 3 denying the material allegations contending that the petitioner had no locus standi to file the Revocation case and that the petitioner has no present or future interest in the properties in respect of which probate was granted. 4. The learned District Judge..Category: Others | Date: | Hits: 99
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......he school. The school was registered with the Directorate of Secondary & Higher Education Government of Bangladesh on 25-1-83. Subsequently for the convenience of the students and in the public interest the said school was shifted to Bijoyram Tobakpur mouza by a resolution of the Managing Com..Category: Property Law | Date: | Hits: 63
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 ......ph 17 of the plaint and in the prayer portion, however, the plaintiff claims US $ 18,21,000.00 on this method of calculation. 4. Along with these alternative claims the plaintiff prayed for interest at 10% with yearly rests from the date of accident till realisation and costs. 5. ..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......registered kabalas dated 14-2-1983 and 9-2-1984. The plaint has been amended stating, inter alia, that after the institution of the suit the plaintiff in order to avoid future trouble purchased the interest of the mother of the original owner of the Suit premises, Mohsin Ali Pk, by registered ka..Category: Property Law | Date: | Hits: 52
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 ......ant’s positive case, inter alia, is that he paid Taka 3,500.00 as advance and the rent was payable in advance on or before the 10th day of each month and in default the defendant should bear interest at the rate of 50% per annum upon the rent; that the defendant has been running his busine..Category: Property Law | Date: | Hits: 56
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....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. ......ing them properly. This obligation r rests naturally upon the father……………….”. “In all cases concerning the maintenance of infant children consideration is chiefly to be paid to the interest of the children. So long as the father is able to maintain them, it is incumbent on him to ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......should have immediately returned the pumps to the supplier and asked for supplying pumps according to specification under the contract and further taken such steps as were considered necessary in the interest of the University. There is another aspect of the matter which has been commented upon by t..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some lands of suit from the heirs of Begumjan. He tendered the “mortgage money with interest to the said defendants and demanded redemption toward the end of Chaitra, 1384 BS and upon ..Category: Property Law | Date: | Hits: 63
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......the petitioners late Abdus Samad Biswas filed an application for pre-emption of the land of the Kabala dated February 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter predecessor-in-interest of the respondents. The case of the pre-emptor, in short, is that he is a co-sharer in the..Category: Property Law | Date: | Hits: 56
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....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 ...... two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest in the suit land and that the plaintiff is the owner and possessor of the Suit lands. The ..Category: Property Law | Date: | Hits: 72
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......uildings stating, inter alia, that on the basis of a registered deed of Agreement and General Irrevocable Power of Attorney dated 28. 12.68, registered on 13.1.69, he had acquired right, title and interest in the said house and got possession thereon from its original lessee Nesar Ahmed Khan. He..Category: Property Law | Date: | Hits: 58
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