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Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... as such the subsequent suit namely Title Suit No. 134 of 1964 is barred under the aforesaid Rules. In reply the learned Counsel for the respondent submits that the suit holdings being different, the provisions of Order 2 Rule 2 of the Code of Civil Procedure are not applicable in the present case. ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......ngst a group of companies similarly situated and holding similar status, there invariably exists the scope for arbitrary exercise of such discretion on the basis of pick and choose and as such the provisions of section 21 of the said Ordinance is inherently discriminatory and is violative of the..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......ned Counsel for the petitioner and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 5. The learned Advocate for the petitioner mainly argued that the provisions of Rule 52 of the Bangladesh Service Rules have not been complied with in the case of th..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......al is to' be filed subject to sub-section (2) of Section 41 of the Ain prescribing, as we have already noticed, the requirement of submission of proof of deposit of 50% of the decretal amount. If the provisions of sub-section (1) of Section 41 and sub-section (2) of the said Section are read meticul..Category: Civil Law | Date: | Hits: 132
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ord and the possession of the respondent No. 6 in the case land since 1949 directed the A.D.C. (Revenue), Barisal to consider the settlement petition of the respondent No. 6 in accordance with the provisions of law and rules. 5. After complying with the necessary formalities the Additiona..Category: Property Law | Date: | Hits: 29
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......functioning of the School. It was also submitted that as the term of the second Ad-hoc Committee was also going to expire a new Committee was constituted for holding election in accordance with the provisions of the Regulation, 1977. So, according to him, nothing was done in violation of the orde..Category: Criminal Law | Date: | Hits: 47
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ll as the Certificate of the Advocate of the appellant and that subsequent status-quo Order of the High Court Division inasmuch as the High Court Division also did not consider the application for mandatory injunction of the appellant petitioner dated 14.08.2005.. 8. It appears from, the ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ...... and 51 DLR 417. 4. As it appears the High Court Division rejected the revisional application summarily holding that in 44 DLR 414, the High Court Division refused the prayer made under the provisions of section 4 of the Alienation of Land (Distressed Circumstances) (Restoration) Or..Category: Property Law | Date: | Hits: 60
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......tted any error in dismissing the appeal filed by the petitioner against the judgment and order of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi convicting him under the different provisions of the Penal Code, read with section 5(2) of the Prevention of Corruption Act, 1947 (Act ..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ...... the document and this land is fictitious land and on this count also the document in question is liable to be declared void. It appears that in this connection the High Court Division considered the provisions of section 28(2) of Registration Act and came to the conclusion that the document in ques..Category: Tenancy Law | Date: | Hits: 174
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......udgment. So these three appeals were also heard together and are disposed of by this judgment which shall govern all. 3. Short facts are that the Land Acquisition Collector, Dhaka under the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......great significance and importance and accordingly this Court has the power of reviewing its judgment acting even suo motu to do complete justice while passing the judgment. This Court in the light of provisions of Articles 104 and 105 of the Constitution has ensured justice fully while disposing of ..Category: Criminal Law | Date: | Hits: 94
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......r kabala deed No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case agains..Category: Criminal Law | Date: | Hits: 63
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....he High Court Division correctly found that Article 65(a) is attracted to the facts and circumstances of the case because a complete stranger was engaged in issuing ballot papers and because it is mandatory that things are to be done in the manner specified in the Order and in the rules. He also......votes while the election-petitioner got the second highest vote i.e. 55,437. The election in different polling centres suffered from various illegal and corrupt practices and non-compliance of the provisions of the Order and the rules framed thereunder. Opposite party No. 14 Abdul Mannan, Superi..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... District Judge acts as a persona designata and not a court. (2) The order of the District Judge not being strictly in terms of the Trust deed, could it be defended or challenged by invoking the provisions of section 73/74 of the Trust Act and so revisable under section 115 of the Code of Civil..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......rranged and old ward No. 1 had been re-numbered as ward No. 2. Secondly, if, due to such erroneous impression a wrong number was given in his nomination paper, the appellant should, in view of the provisions in proviso (ii) of rule 16(3), have been asked to remove the defect which, according to ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......withdrawal.” 7. The question therefore is whether the High Court was justified in making the aforesaid observations as to the criteria set out by it. We find no warrant in the provisions of the Code that the Magistrate while according consent to withdraw from the prosecution..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......own that the occurrence which rendered the contract incapable of execution was of a kind not within the contemplation of the parties when the contract was signed and for which they would have made provisions if its possibility could not be foreseen. So, in our view the case of the appellants cla..Category: Civil Law | Date: | Hits: 89
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......hedule thereto, the suit were exclusively triable by a Conciliation Court constituted under the said Ordinance. And as such the suits were incompetent. It was also submitted that having regard to the provisions of section 23 of the Small Causes Courts Act, the learned Small Cause Court Judge committ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......e of power under section 151 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that (he provisions of the Code are generally meant to serve the ends of justice but in their very nature t..Category: Civil Law | Date: | Hits: 116
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