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Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......t who was the petitioner in civil revision wanted to add the heirs of the appellant No. 1 (Kha) of the appeal in the civil revision but that was not also allowed by the learned Single Judge nor the prayer for keeping them on record. 3. The question now is, whether the instan..Category: Property Law | Date: | Hits: 46
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......refrom. 6. Mr. Shafique Ahmed, learned Counsel for the petitioner, tried to argue before us that on the facts and in the circumstances of the case the High Court Division was wrong in refusing the prayer for review of its judgment passed in FA No. 366 of 1995. 7. In Kessewji Issur vs. GIP Ry. ..Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......or of respondent Nos. 1-15, as plaintiff filed the aforesaid Title Suit against the petitioners and other respondents for specific performance of contract for sale of the suit property with further prayer for execution and registration of the sale deed and delivery of possession of the suit prop..Category: Property Law | Date: | Hits: 64
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ...... the appellant was entitled to file a revision to the Government against the appellate order within one month thereof which he had actually done on 1. 11. 1988. Admittedly the Government rejected his prayer by order dated 14.9.1989 and within 6 months thereof he filed an application under section 4(..Category: Administrative Law | Date: | Hits: 111
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....ting, refuse, to call a particular witness or to summon or admit a particular evidence." 11. The above Rule shows that the appointment of an enquiry officer is dependent on two alternative factors :‑(I) if the accused so desires, or (II) if the authority so directs. In ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... stated that he could not understand as to the cause of murder of his nephew. It will be worthwhile to consider the evidence of P.W.1 Yeasin Ali. In his testimony he stated that while he was offering prayer in that night Jaj Mia's mother shouted by saying see what had happened to my son. Coming out ..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....e materials furnished by the respondent, namely, the synopsis of the Enquiry Report, which formed the basis of the action taken against him reveals clearly that recourse to retirement was taken as an alternative "punitive measure" and not on a subjective evaluation of the appellant's service record.......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......any satisfactory evidence either oral or documentary. The learned Single Judge also found that the suit was not maintainable as with a fixed Court‑fee of Taka 20.00 the suit was filed with a prayer for declaration of title along with other consequential reliefs. The learned Single Judge fu..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....82, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management o......hat there was no suit pending for declaration of the Trust deed to be void and that Title Suit No. 78 of 1992 of the 4th Court of Subordinate Judge, Dhaka was filed on different cause of action and prayer for amendment of the suit is yet to be allowed. It is further contended that the registered ..Category: Property Law | Date: | Hits: 76
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....uthority by the subsequent order cannot be said to have been passed without any lawful authority or in violation of the principle of natural justice." 9. It appears that because of the alternative submission on behalf of the appellant that even assuming that he could not be appointed......to have any role in the matter. After obtaining the opinion of BOGMC the President's Secretariat was informed that the appellant could not be appointed as a Director on permanent basis and that his prayer cannot be considered because there was no such provision in the Rules of the Corporation th..Category: Employment/Service Law | Date: | Hits: 117
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. ......tte, in which the vesting in, or possession of, the Government of the building as abandoned property under the President's Order has ken called in question in any manner whatsoever or any prayer has been made for return, restoration or transfer of the building by the Government or by..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......being Title Suit No. 21 of 1993, and prayed for temporary injunction in that suit. Ad interim injunction was granted and subsequently on hearing the parties the ad interim order was vacated and the prayer for temporary injunction was rejected. Against that order plaintiffs filed Miscellaneous Ap..Category: Civil Law | Date: | Hits: 95
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ully filed applications for bail upto the Appellate Division. But at the last stage he filed another application for bail on the ground of illness supported by a medical certificate. This time his prayer for bail was not opposed by the Public Prosecutor and the Sessions Judge on consideration of..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ...... by the Additional District Magistrate, Sylhet and it ended in their acquittal on 21.1.1989. 6. It appears that after the submission of charge‑sheet in GR Case No. 76 of 1986, on the prayer of the wife of accused Mukhlesur Rahman, petitioner before us, one Moksedul Islam, Assistant..Category: Criminal Law | Date: | Hits: 57
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....use serious hardship to him. 'Hardship' is to be considered as already mentioned above, against the circumstances existing at the time of the contract. At that time, we find, the appellant had his alternative Fatullah‑house, purchased on 29.5.77. So when he had made the agreement on 28.4.7......(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. ..Category: Property Law | Date: | Hits: 69
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 ......hilas and tax‑receipts were looted during disturbance. 5. The trial Court dismissed the suit on the ground that it was barred by res judicata and not maintainable in the absence of any prayer for setting aside the compromise decree. On appeal the appellate Court decreed the suit and ..Category: Property Law | Date: | Hits: 51
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 ......ants filed a written statement. Respondent No. 4 prayed for an amendment of the plaint for a further declaration that the appellants are not the son and daughter of the said Syed Mohammad Azam. The prayer for amendment having been allowed the appellants obtained a Rule on 19.2.92 from the High Co..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....its Uttara‑Ranabhola approach road in LA Case No. 4 of 1986‑87 or the road itself or the housing project in LA Case No. 2 of 1987‑88 had been carried into execution and, in fact, suggested some alternative including exclusion of the appellant's layout plan from its scheme and it was perfectly ......rom respondent No. 2 having regard to its duties under the Act. This is precisely what has happened in the appellant's case. 22. Now let us see what did tile DIT do With regard to the appellant's prayer. The Board of Trustees in its resolution dated 4:10.1978 (Annexure” A") very clearly said: ..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... of the Code of Civil Procedure claiming Saham not only in "Kha" Schedule land but also in "Ka" Schedule land by way of amendment of the plaint. The executing Court refused the prayer as the defendants have claimed some additional Saham in respect of "Ka" Schedule l..Category: Property Law | Date: | Hits: 64
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 ......en statement and a written objection on 18.11.90. After some adjournments the plaintiff's applications for temporary and mandatory injunctions were fixed for hearing on 25.11.90. On that date, the prayer of defendant Nos. I and 2 for adjournment was rejected and the parties were directed to be r..Category: Civil Law | Date: | Hits: 106
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