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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. ......the appellant filed the instant application for amendment of the plaint of the earlier Title Suit No. 415 of 1984 seeking to implead the subsequent purchasers as defendants and seeking to replace the prayer for confirmation of possession of the suit land with a prayer for recovery of possession of t..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ion, because the orders of conviction have not attained finality. It cannot be said that he had no authority to so decide id it also cannot be said that his decision suffers from malice in law. If an alternative interpretation is possible with regard to the issue in question, namely, the effect of p......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....d to pay the customs duty/sales tax at the rate higher than the rate in force on the date of opening of the letters of credit and 2) whether the writ-petitions were maintainable in the presence of alternative remedy provided for in the Customs Act itself. 7. As regards the first point of ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
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. ......ent that because of the importance of the matters, the learned Attorney- General was called upon by the Court to argue the case on behalf of the respondents which he accordingly did. It was on the prayer of the learned Attorney-General that the High Court Division granted the certificate under A..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court wi..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......upportable and bespeaks of a total lack of application of mind because, from the records of the case, Mr. Amirul Islam, learned Advocate for the writ petitioner-respondents, could not show that any prayer was made for any declaration in regard to Annexure H or any Rule Nisi was issued in respect..Category: Constitutional Law | Date: | Hits: 161
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......tution petition filed by the plaintiff-petitioner: “The OP files hajira, petitioner prays for substitution in place of deceased OP No.3, on the grounds as stated therein. Heard, prayer is allowed. Let the heirs of the deceased OP 3 (be) substituted. Amend the plaint and the r..Category: Property Law | Date: | Hits: 70
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......etirement and it was held by this Division that the respondent had acquiesced in the order of retirement and he was estopped from challenging the same, as the order of retirement was passed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....dated 12-4-87. By a further telex dated 17-4-87 the defendant denied claims of total loss, constructive total loss or unrepaired damage. 3. The plaintiff therefore filed the suit with three alternative prayers:- (a) The vessel was a total loss and the claim for total loss is US $ 19,11,00......7. By a further telex dated 17-4-87 the defendant denied claims of total loss, constructive total loss or unrepaired damage. 3. The plaintiff therefore filed the suit with three alternative prayers:- (a) The vessel was a total loss and the claim for total loss is US $ 19,11,000.00 (vide p..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......ers left for India before the 6th September, 1965 and the suit property was treated as vested property. The decree-holder at first prayed for release of the suit property but ultimately gave up his prayer and took lease of the structures standing on the suit plot in the name of his wife. Ameda K..Category: Civil Law | Date: | Hits: 133
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......f 12 gandas of land along with building instead of 4 gandas as claimed by them in the plaint. 4. The learned. Subordinate Judge by his judgment and order dated 26-1-1985 rejected the belated prayer for amendment of the plaint on the ground that there was every possibility of changing the n..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......gard. Defendant No.1 having prevented the plaintiff from seeing the child and he being the legal and natural guardian and being entitled to see the child under the agreement, filed the suit with a prayer, amongst others, as under: “A. A decree of mandatory injunction be passed..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
.... for the purposes of adjudication of these matters flows as a necessary corollary therefrom. The mere fact that a neglected wife has been hesitant in promptly coming to the Court or has been pursuing alternative remedies out of Court cannot, in all fairness, be so construed as to deprive her of the ......and, as such, her claim of maintenance for the child was not entertainable under the Ordinance of 1985. Secondly, past maintenance is not available to a child under Mohammadan Law and thirdly, in the prayer portion of the plaint the plaintiff did not specifically pray for past maintenance of the chi..Category: Family Law | Date: | Hits: 198
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ised through the Public Service Commission. In the meantime many of the teachers of the nationalised colleges retired and some of them were on the verge of retirement and as such, finding no other alternative they took steps for redressing their grievance through Court and ultimately the writ pe......in the writ petition not having been issued in respect of Annexures “E” and “F” and the writ-petitioner not having prayed for any relief in respect thereto and that the only prayer for striking down the impugned Rules on the alleged ground of discrimination having been ref..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....1990. 2. Respondent No. 1 filed Administrative Appellants Tribunal Case No. 264 of 1990 praying for a declaration that he has been the Director/Deputy Secretary with effect from 18-4-81 or in the alternative from 29-6-81 and also for a declaration that the placement of the appellant and responde......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
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 ......e, the suit as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without any prayer for recovery of khas possession, he dismissed the suit. On appeal the lower appellate Court ..Category: Property Law | Date: | Hits: 72
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ...... Judge of the High Court Division was not justified in reversing the decision of the Appellate Tribunal. 8. It appears from the judgment of the High Court Division that admittedly no written prayer was made before the Presiding Officer for recounting of the ballot papers on the allegation ..Category: Others | Date: | Hits: 98
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....ircumstances the plaintiffs were constrained to file this suit and prayed, pending hearing of the suit, for stay of further proceeding of the aforesaid Miscellaneous Case No. 91 of 1991 or, in the alternative, for analogous hearing of the suit with the Miscellaneous Case. 3. On 8 March 199......eptember 1993 the trial Court rejected that application. At the instance of respondent No. 1 the High Court Division set aside the order of the trial Court by the impugned judgment and allowed his prayer for the rejection of the plaint. 5. The petitioners now contend that when in the plai..Category: Business or Commercial Law | Date: | Hits: 107
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....e of the writ petition and the appeals. That disposes of the second branch of Mr. TH Khan’s submission on maintainability. 18. With regard to the availability of arbitration and civil suit as an alternative remedy, Article 102 of the Constitution provides that if there is “no other equally ef...... implemented accordingly. Section 14 makes it a duty of the concerned authorities to implement the decision of BOI within the time-limit specified. It is admitted on all hands that after receipt of a prayer for setting up a joint venture company BOI set up a Sub-Committee with the Chairman of BTTB a..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......for cancellation of the order of appointment of the receiver and restoration of possession of the suit land to them and the learned Magistrate by his judgment and order dated 3.7.1991 allowed their prayer cancelling the order of appointment of the receiver and also allowed the appellants to with..Category: Property Law | Date: | Hits: 61
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