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Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....here was no cause of action the suit is not maintainable, the appellate Court erred in law in not allowing the application for withdrawal of the case. He further submits that since there was a formal defect in the suit, the learned appellate Court erred in law in not allowing the application for wit......tituted the Title Suit No.10 of 1991 in the Court of Subordinate Judge, Magura for declaration of title and for partition in respect of 10 annas 13 gondas one kara and one Keranti share. The opposite party being defendant Nos.4 (Ka) to 4(uma) contested the suit by filing written statement denying al..Category: Property Law | Date: | Hits: 30
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....cuments they are required to submit with their application Forms. and paragraph No.23 provides that candidature of an applicant may be rejected at any stage of the recruitment process if any fault or defect whatsoever be detected. Under Rule 7(1) of BCS (Age, Qualification and Examination for Direct......de has been described in the decision of the case of Ram Chandra vs. Secretary to Government of West Bengal reported in AIR 1964 Car 265, 272 in the following terms: "It is enough if the aggrieved party established: (I) that the authority making the impugned order did not apply its mind at all to..Category: Employment/Service Law | Date: | Hits: 134
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....efendant No. 5 separately contested the suit by filing two written statements. 6. Case of the defendants 1 and 2, in short, was that the suit as framed was not maintainable and also bad for defect of parties. They admitted that the plaintiff purchased 4 decimal of land from defendant No. 1......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......9 passed by the Senior Assistant Judge, Gafargaon, Mymensingh in Other Suit No. 53 of 1994 decreeing the suit. 2. The facts leading to the issuance of the Rule, in brief, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assista..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......se dated 23-11-1996 and 28-111996 respectively passed by the Assistant Judge (in-charge), Gouripur in Other Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, ..Category: Property Law | Date: | Hits: 32
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......ct of Sherpur was held on 10-5-04. In the election for commissioner of Ward No. 4, the election petitioner along with four others contested. He got 452 votes with the symbol of 'Machh' while opposite party No. 1 Habuluddin with 'Morog' got 475 votes. Then, opposite party No. 1, hereinafter referred ..Category: Election Law | Date: | Hits: 99
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......scernible level of predictability of the respondent's course of action. In the absence of such predictable course of action by the respondent it is this Court's view that it is unconscionable for one party to this arrangement, i.e. the government, to benefit unilaterally by reasons of due performanc..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....pposite party No.1 earlier filed pre-emption Miscellaneous Case No. 32 of 1999 in the Civil Court concerned, but that was dismissed for not taking any steps. The case of the pre-emptor is bad for defect of parties. The pre-emptor is not a co sharer in the land under pre-emption. As such, the cas...... Safiullah with Md Ali Jinnah, Advocates—For the Opposite Party No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Jo..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....est and to remove unauthorised occupants around the schedule plot; but defendant did not take any step to that effect. Further case of the plaintiff was that the defendant by suppressing the material defect and nature of plot committed fraud upon the plaintiff. The defendant after executing lease ag......plaintiff found a ditch at a depth 40' filled with garbage is not believable, rather it is an absurd proposition. Before purchase the plaintiff should be aware of it (CAVEAT EMTOR). He added that one party to a contract cannot unilaterally alter the terms of contract in view of the provision laid do..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....hree issues including the one as to whether the application for preemption was barred under section 96(10)(d) of the Act were settled. 5. Trial Court found that the application was not bad for defect of parties. But without entering into the merit of the case, the Court on the basis of an agr......ection 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by a deed of sale d..Category: Property Law | Date: | Hits: 27
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......that the judgment of lower appellate Court is not a proper judgment as contemplated under Order XLI, rule 31 of the Code. 9. Mr. Khurshed Alam Khan, the learned Advocate appearing for opposite party Nos. 3, 12, 14, 16 and 18, submits that the suit as framed was barred under section 91 of Loca..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... 7. On the pleadings of the parties, the following issues were settled: a. Is the suit maintainable in its present form? b. Is the suit properly valued and stamped? c. Is the suit bad for defect of parties? d. Is the unregistered Heba deed dated 19-6- 1948 in respect of 'Ka' and 'Kha'...... of the defendant No. 1 were marked Exhibits Ka to Jha. 23. Law regarding burden of proof is envisaged in section 101 of the Evidence Act, wherein it is stated that the burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. M..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......regard to the order of the Judge dated 22-1-2001 concerning the age of the accused is highly improper and illegal since he was not sitting in appeal over that order nor was that order appealed by any party to the proceedings. Moreover, having assumed the role of a Juvenile Court, to pass a sentence ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......td. i.e. defendant Nos. 3-6 for commercial house building loan; that there was no contract between the plaintiff and defendant Nos. 36 to make any tripartite agreement; that the plaintiff was not the party to the defendant Nos. 3-6 rather, they did not receive any letter from the plaintiff; that no ..Category: Business or Commercial Law | Date: | Hits: 208
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....sence of such member; and no act, proceeding, decision or award of the Court shall be invalid or be called in question merely on the ground of such absence, or on the ground of any vacancy in, or any defect in the constitution of, the Labour Court." 15. Section 35 of the Industrial Relations ......e case is liable to be dismissed. 5. According to the report of the Enquiry Committee, the petitioner was found guilty and he was legally dismissed from service. At the time of trial the first party petitioner examined himself as PW 1 and he also examined the witnesses and crossexamined the w..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... in the petition for winding up of the company. The respondent No. 2 has stated in his affidavit-in-opposition that as per agreement, Annexure-A to the petitioner that the petitioner being the second party to the agreement would be included as a regular and permanent Director of the Industrial Unit ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ng in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defendant 2 (hereinafter called the opposite party No. 1) in the suit and by the same order rejecting an application filed by the present defenda..Category: Property Law | Date: | Hits: 42
....ted with other two instruments preceding it.
18. It is to be remembered that in promulgating this "Remedial Statute", the Artha Rin Adalat Ain, 2003, the legislature has intended to cure some defect, errors and procedures of the abrogated Act IV of 1990 known as Artha Rin Adalat Ain, 1990 in...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
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Category: Civil Law | Date: | Hits: 90
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
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