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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 ......by the objector-appellant. Miscellaneous Appeal No.28 of 1983, the learned Additional District Judge, Pabna dismissed the appeal holding that the decree-holder had gone mad before the expiry of the period of limitation of 12 years from the date of decree dated 12.8.59 and that the period of insan..Category: Civil Law | Date: | Hits: 133
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 ......he agreement. From the averments in the plaint of the suit and from the prayer it is palpably clear that the plaintiff only prayed for enforcement of the visiting rights of his son for a temporary period for 3 days in a week. In the four corners of the plaint nothing has been stated claiming gua..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ...... decreed the suit for Taka 30,287,50.00 representing maintenance for 11 years 1 & 1/2 months for her child @ Taka 75.00 per month amounting to Taka 10,012,50, maintenance for herself for the same period @ Taka 125.00 per month amounting to Taka 20,025.00 and balance of dower money amounting to T..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... Works to supply 4 (four) 75 HP 2 cusecs capacity submersible pumps within 15 days at a cost of Taka 22,92,000.00. Iqbal Engineering Works, however, instead of supplying the 4 (four) pumps within the stipulated time supplied 2 pumps on 25-11-87 and after obtaining extension of time supplied the rema......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......ng against the respondent, though drawn under the Rules of 1976, shall be disposed of under the new Rules of 1984 providing for the time-limit and that since no final decision was taken within the period mentioned therein, or at least from the date of coming into force of the new Rules, that is,..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......t of redemption was extinguished. There occurred a change in the nature of possession of mortgagee-defendant Nos. 1-3. They became absolute owners. Hence the suit had to be filed within the statutory period of limitation of 12 years. That having not been done the suit was barred by limitation. In th..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
.... being M/s Issa Brothers. The last tenancy agreement was dated 2.2.1984 entered into between the appellant and the then owner Hassan Faruque and the said agreement was to expire on 31.12.1985. It was stipulated in the said agreement that the appellant would pay the monthly rent of Taka 1098 and in a......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......on 22-2-1964. Thus in counting the total length of service from the. date of their joining the first institution to the date of nationalisation of the Bhola College AKM Saidur Rahman had a. longer period of service than the respondent. The former was in active service on 7-5-1979 while the resp..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....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. ......f the opposite party Nos. 6-7 were appointees of Mujib Nagar Government as was noted in the case with Mr. Rafique Ahmed Khan. The dates of first appointment of the opposite Party Nos. 6-7 relate to a period long after the war of liberation. The petitioner also produced photo copy of the first appoin..Category: Administrative Law | Date: | Hits: 167
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......nd the Chairman of the said Sangstha, to the Office of the Prime Minister and to the Ministry of Finance and also took steps for publishing the contents of the said letters to a newspaper and to a periodical alleging that the respondent indulged in corruption while serving in the said Sangstha. ..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... No. 1 is illegal, malafide and without jurisdiction and void. 2. The plaint case is, that plaintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December 1979 to June 1981 and repaid altogether a sum of Taka 45,2 1 lakh. The Bank re..Category: Business or Commercial Law | Date: | Hits: 107
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......als remained unattended un replied (till to-day). Having received no response from the authority the respondents served notice there through their lawyer demanding justice and then upon expiry of the period mentioned in the said notice filed the writ-petitions impugning the notification dated 20.10...Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....holder BTTB also took other defences. 5. The High Court Division in discharging the Rule Nisi held that clause (3) of the licence confers upon BTL the exclusive right of operation of all the stipulated telephone services for a period of 5 years from the date of signing of the agreement, i......20 years from the date of signing of the agreement, i.e. from 26.7.89 and also providing in clause (3) that BTL would have exclusive right of operation of the aforesaid communication systems for a period of 5 years from the same date. BTL implemented three communication systems with its own fina..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......vide, operate and maintain the aforesaid communication systems in the private sector for 20 years with effect from 26.7.89 with exclusive right of operation of services of the aforesaid systems for a period of 5 years from the said date. It was alleged in the writ petition that BTL investing a huge ..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 ......osal of the civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a long period of time. 5. Mr. Shafique Ahmed, learned Advocate appearing on behalf of the appellant..Category: Property Law | Date: | Hits: 61
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a stated period. The whole purpose of unamended section 339C was to whip up the prosecution and activities th..Category: Criminal Law | Date: | Hits: 75
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......lity. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said deed of lease. As ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... to be assessed as an individual, the Revenue Officers beginning from the Agricultural Income-tax Officer upto the Appellate Tribunal maintained that this deed of partition was not relevant for the period prior to the year of execution of the document. The Tribunal observed: "The..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......and Syed Aulad Ali. The defendant No.l purchased the land of the first schedule from the heirs of the original owners of 16 annas right and have been possessing the same for long over the statutory period of limitation. He also alleged that the ancestral homestead of Syed Mohd Wahed was at villag..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... conspicuous part of his place of abode or business. It will be seen from this Article that several alternatives have been provided for the service The manner in which these alternatives have been stipulated gives us the impression that these alternatives should be adopted in order of priority a...... notice as shown in this case does not mention the facts that the petitioner could be present before the special meeting or that he could submit a written statement in his defence within a certain period of time. Such a direction appears to be required in such notices stipulated under sub-articl..Category: Others | Date: | Hits: 92
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