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....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
....... This includes the following terms:
“6. A sum of Taka 10,000.00 (Taka ten thousand) only deposited as security money will remain with the Company during the tenure of contract and will bear no interest.
7. The security deposit will be refunded after successful completion of the contract a..
Category: Labour and Industrial Law | Date: | Hits: 163
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit for partition have no common..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ...... may be— (a) paid to an affected person, or (b)utilised for repatriating of any stranded person in foreign country or for such other purposes the Government may deem appropriate in the public interest. (3)……………………. The show cause notice dated 9-2-94 may also be quoted h..Category: Constitutional Law | Date: | Hits: 192
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......d Money Suit No. 48 of 1984 in the 3rd Court of Subordinate Judge, Chittagong against his partners in a ship-breaking business and the suit was decreed on compromise. The plaintiff had four annas interest in the said partnership business and he obtained Taka 15 lakh in his four annas share of p..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......o;s Order No. 16 of 1972 came into operation. Md. Nasim was neither the son of Md. Yahiya nor the owner of the disputed building. Md. Nasim never possessed the disputed building as he had no ‘interest therein, Respondent No. 1 fraudulently obtained the sale deed from the said Md. Nasim and..Category: Property Law | Date: | Hits: 89
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......ng the said Mills without renewing their licence since 1988 and that the respondents were not entitled to any show cause notice as the decision to seal their Mills was taken by the petitioners in the interest of the country for checking smuggling of wood in the border belt where the Saw Mills in que..
Category: Others | Date: | Hits: 128
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......d to dispossess them from the suit property which they came to know on 15-6-85 and that was the date for cause of action for the suit. The contesting defendants denied the plaintiffs right, title, interest and possession in the suit land and claimed their right, title, interest and possession th..Category: Property Law | Date: | Hits: 79
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......t the conveyance should be executed in favour of the plaintiffs in a suit for specific performance of a contract for sale by the contracting party as well as by the subsequent transferee of his interest.” 7. A Division Bench of the Allahabad High Court, on the other hand, too..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......nt denying the material allegations made in the plaint that the plaintiffs mother became the heiress of Md. Ismail or that he died in December, 1971 or that the plaintiff acquired right, title and interest in the property as the sister’s daughter of Md. Ismail. She asserted that her kabala..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......defendant Nos. 1 and 2 as well as defendant Nos. 4-9 upon similar written statements. Their case, in short, was that the suit lands were acquired by defendant No. 1 with her own fund and in her own interest. She possessed the suit land through Bargadar and paid rents from her own income. She als..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......Aswin 1354 BS at a rent of Taka 5.00 per year. Possession thereof was delivered to the plaintiffs’ mother who was the first wife of Md. Ibrahim. On 27-2-51 Judhistir transferred his malikana interest to Md. Ibrahim. The plaintiffs are the sons and daughters of Md. Ibrahim through his firs..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ...... Court Division 60 day’s limitation, provided under Article 155 of the First Schedule to the Limitation Act for appeal, is being followed for revision. But there is no legal bar to entertain in the interest of justice such revisional application even after the aforesaid period of 60 days provided ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ed any title to the suit land by adverse possession?” The said court found the issue in the affirmative and decreed the suit. It came to the findings that defendant No. 1 had no saleable interest in the suit land and so the possession of the plaintiff could not be construed as lawful, ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......nt of money, the Court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. ..Category: Family Law | Date: | Hits: 144
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......itted that Administrative Appellate Tribunal has committed an error of law in not holding that the Administrative Tribunal acted illegally in refusing to stay operation of the impugned Memo in the interest of justice pending disposal of the case. The learned Advocate further submitted that the A..Category: Administrative Law | Date: | Hits: 149
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... them by the trial Court and a further six years have gone by since the passing of the impugned judgment by the High Court Division. If the Government was earnest and serious for a re-trial in the interest of justice, as it is said now, it should have moved this Division at least for an early he..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......stion of locus standi was given a liberal Contour in that decision by this Court at a time when the Blackburn cases were just being decided in England which established the principle of “sufficient interest” for a standing and the doctrine of public interest litigation or class action was yet to..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......fusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of any initiative by the parties, the court of its own motion, in the interest of justice shall make necessary correction of its records…………&..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......e taken note of the plaintiff’s statement made in paragraph 9 of the plaint he would have definitely got the clue whether the suit as instituted was maintainable or not. Besides that, in the interest of justice that trial Court in the disposal of the miscellaneous case ought to have taken ..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......lied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Bangladesh Krishi Bank sanctioned an amount of Taka 30 lakh, which was repaid by respondent No.1 with interest in full. Respondent No.1 thereafter applied for loan in the year 1982 and the appellant-Ba..Category: Business or Commercial Law | Date: | Hits: 150
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