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Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......mer DIT, praying for permission for transfer of the said plot to the appellant with building constructed thereon. The Deputy Director (Estates) DIT by a letter dated 29.12.85 agreed to consider the prayer for permission provided a sum of Tk. 9,819.00 was deposited as transfer fee within 2 months...Category: Property Law | Date: | Hits: 110
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......ion. 8. Admittedly respondent No. 1 made no further effort for being impleaded in the suit after the order of the District Judge was passed. This should have been an enough reason not to allow his prayer for being added as a party at the revision stage. A court may, however, add a party even at t..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......89 in the name of deceased Shamsu Miah Chowdhury allegedly without bringing the other heirs including appellants on record. 3. The appellants being aggrieved by the order of the rejection of their prayer for assignment of the decree moved the High Court Division in revision first, and thereafter ..Category: Limitation Law | Date: | Hits: 175
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......veyor having their head office at Motijheel, Dhaka, rejected the goods and asked the defendant to take back the consignment and refund the money. 5. The trial Court rejected the defendant's prayer after holding that the question of jurisdiction did not come under the purview of Order VII,..Category: Business or Commercial Law | Date: | Hits: 124
Category: Criminal Law | Date: | Hits: 88
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......case is all over. The leave petition on which the stay order was passed by the learned Judge in Chamber had also been dismissed on 15th February, 1990. The matter should rest now. The petitioner's prayer for compensation for the alleged excess committed in the execution need not also call for an..Category: Property Law | Date: | Hits: 98
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......the GD Entry and in the petition to the Police Commissioner (Annexures X & Y) definite information about commission of a cognizable offence along with the name of the offender was giver with a prayer for necessary action. This was sufficient for the police to move into action. As to a suit f..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......ve, arise out of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. Case Nos. 506 of 1991 and 507 of 1991 respectively rejecting the prayer for bail of the accused‑appellant under section 498 of the Code of Criminal Procedure...Category: Constitutional Law | Date: | Hits: 150
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......e and also for a declaration that the registered deed No. 12145 dated 11.7.75, by which the defendant‑respondent was claiming title over the suit land, be declared as illegal, void, etc. Later, the prayer was amended so as to include a prayer for permanent injunction as also recovery of possession..Category: Property Law | Date: | Hits: 73
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....is a mere technical defect and that this technicality cannot be interpreted in such a way as to defeat the purpose of the substantive law. The learned Additional Attorney‑General has, in the alternative, argued that an order of the Government dated 13 March, 1985‑ Annexure‑K, s......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....med those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunctio......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... contained therein. An application for translation of that document was made in the High Court Division but the same was rejected on the ground that Ext. B itself was inadmissible as evidence and the prayer cannot be allowed after a lapse of 16 years when the appellant himself did not take any step ..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......o Women (Deterrent Punishment) Ordinance, 1983 for abduction of minor girl on 17th March, 1991 from her father's house. 2. The learned Additional Sessions Judge, Satkhira rejected the prayer for bail on the ground that there were specific allegations against him. In revision the Hig..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... from Nagen by Ext. A and in possession was not made a party. Defendant No. 7 prayed for a separate saham in respect of 2.18 acres of land on the basis of purchase from Nagen and others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......tled to relief because of his belated application. 9. The learned Attorney‑General made his submission in reply. 10. We think it appropriate to observe for out decision in the matter that the prayer for stay of delivery of judgement made on behalf of the Petitioner on. 11.1.92 after hearing ..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without jurisdiction. In that suit the plaintiff prayed for temporary injunction. 3. The trial Court allowed the prayer for temporary injunction and on appeal the same was affirmed. In revision the learned Single..Category: Civil Law | Date: | Hits: 106
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......some documents with a list of documents. Thereafter the plaintiff filed an application praying for taking back those photo‑copies of the documents for filing the original documents. The said prayer was allowed and the original documents were subsequently filed by the plaintiff in Court. Wh..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 227 in respect of specified service disputes and certain other matters were challenged. After referring to Minerva Mills Ltd. vs. Union of India AIR 1980 SC 1789 where in it was held that "effective alternative institutional mechanisms or arrangements for judicial review" can be made by Parliament,......otee, seniority over those who were directly recruited in the grade. His case was dismissed by the Tribunal's order dated 26th September, 1988. On appeal the Appellate Tribunal allowed the employee's prayer. The Bank then filed a Writ Petition No. 773 of 1989. In that petition respondents 4 to 12, t..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......land was never partitioned between the mirashdars of ‑/12/‑ annas share and ‑/4/‑ annas share and as such although the suit for declaration of title was maintainable but the prayer for khash possession was not. Accordingly, by judgment and decree dated 19.11.64, the suit w..Category: Property Law | Date: | Hits: 62