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Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ...... Munsif was right in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......revenue sale and took possession therein on 20.8.51. It is the further case of the plaintiff that although the defendants were found in possession of the lands in suit they have no right, title and interest in the same nor their alleged interest is protected under the prevalent law and that even..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ettlement case being Resettlement Case No 6/57-58 and the proposal for settlement of the suit property with defendant No.2 was approved by the RDC on 19.10.58. Defendants 2 to 4 are the successors-in-interest of Baker Ali. The plaintiffs however, further contended that they continued to be in posses..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......t was presented for registration Fundamental Right No. 13 was in force. The said Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property." ..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company which has a major share holding interest in respondent No. 6 company cannot but be represented by nominees. A corporate body is not..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......19. Dr Zahir then submits that under Article 38 of the Constitution every citizen shall have the right to form an association or union, subject to any reasonable restrictions imposed by law in the interest of morality or public order. The petitioner company was formed by the citizens of this cou..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......cca and kutcha structures and inducted monthly tenants. Abdul Mannaf died leaving the plaintiffs as his heirs who are in possession of the suit land as before. The defendants have no right, title and interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming titl..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......ontained. (iii) On the demise of one of such plaintiffs if no substitution is made the suit may abate not as a whole but as against the heirs of the deceased plaintiffs. It is only when the interest of the plaintiffs is indivisible that a suit abates as a whole not being sustainable with ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ...... minor at the relevant time. The radiologist’s opinion also supports the appellants case. Having considered all aspects of the matter we are satisfied that it will be fit and proper and in the best interest of the girl if she is released from custody and given to the care of her father, namely, th..Category: Criminal Law | Date: | Hits: 71
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......n material untampered and intact with all sanctity before the Election Tribunal for recounting of votes. 8. It is now well-settled that in an appropriate case the Election Tribunal in the interest of justice may recount ballot papers for proper resolution of an election dispute. But in ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......ts, submits that the High Court Division was correct in interpreting Order VII, rule 11 Code of Civil Procedure and that the impugned judgment does not warrant any interference from this Court in the interest of justice. We have carefully considered his submission but have been unable to persuade ou..Category: Property Law | Date: | Hits: 77
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy the court that he has sufficient interest and cont..Category: Constitutional Law | Date: | Hits: 126
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......y 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak and uncertain security which should be avoided in the best interest of public revenue and bank guarantee should be ensured…………&hel..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......e/revisional authority, if any, and all past and closed transactions, all before 16-6-1999 are hereby ratified and confirmed and are declared to have been validly made, done or taken in the public interest……..(12) Cases Referred to- Chandra Mohan vs. the State o..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any interest, in that position a devoted pujari and worshipper of the deity who offered himself as a ne..Category: Family Law | Date: | Hits: 156
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......in monetary and other financial benefits. There was no compulsion on any of the petitioners to accept the special scheme of retirement. The petitioners finding the scheme to be beneficial in their interests applied in the prescribed form and got the retirement. The petitioners themselves accepte..Category: Employment/Service Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......and 5(3) of the Act upon the petitioners. 5. Upon appeals this Court found fault with the judgment of the High Court Division and set it aside mainly on the ground that the predecessor-in- interest of the petitioners having been notified under sections 5(1a) and 5(3), the petitioners wer..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......r to transfer the Head Assistant, Sadar registration offices and also other clerical staff both of Sadar and Mufassil offices of a district from one office to any other office in Bangladesh in the interest of public service and efficient administration. The Registration Department, though under ..Category: Employment/Service Law | Date: | Hits: 68
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... 9. This argument is also misconceived because on balance the inconvenience of the informant and his victim brother is much higher than that of the accused-petitioners. Besides, they have also an interest in seeing that the eye witnesses to the occurrence are brought to Dhaka from Barisal and,..Category: Criminal Law | Date: | Hits: 63
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......epers and also earning revenue for the purpose of public utility. Any purpose which benefits the public or a section of the public is a public purpose…….. If the purpose serves some public use or interest as opposed to the particular interest of an individual the purpose is public……………..Category: Property Law | Date: | Hits: 63