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Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ur Rahman v Haji Ranga Laskar, 15 DLR 274. The trial Court did not miss this principle but the lower appellate Court did. The trial Court gave a finding that tender was made within Magh 1365 BS as stipulated in the agreement for reconveyance but the lower appellate Court gave no finding whether ......ance in respect of schedule I land true. The learned Subordinate Judge believed the story of salish which was allegedly held on 2 Falgun 1365 ES and held that the salish had given extension to the period of the agreement upto Magh 1368 BS and the tender and demand being made and the suit having ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....ndra Narayan entered into a contract for sale of the land in suit to the plaintiff for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemend...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
.... Works directing Md. Ismail, since deceased, to show cause why the lease deed relating to the aforesaid land should not be cancelled for his failure to make any construction on the land within the stipulated time. The plaintiff as successor showed cause in pursuance thereof. It was represented t......suring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. They use..Category: Property Law | Date: | Hits: 82
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ry such complete usufructuary mortgage shall be subject to the same limitations as are imposed by section 90 on a transfer of the holding of a raiyat or of any share or portion thereof; and the period for which such complete usufructuary mortgage may be entered into by any raiyat shall not e..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......e delay in moving the revisional application and upon assigning reasons refused to condone the delay and as such the impugned judgment does not call for any interference. 6. There is no prescribed period of limitation either in the Code of Criminal Procedure or in the Limitation Act, 1908 for rev..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......12 years so as to confer title to the plaintiff by way of adverse possession. Exhibit 2 series clearly reveal that the adverse possession of the plaintiff was not uninterrupted during the statutory periods of 12 years. The plaintiff had been untraceable since the liberation of Bangladesh and the..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......claiming dower and maintenance from the defendant-respondent. The suit was decreed on 13-6-89 for an amount of Taka 1,77,575.00 Taka 1, 75,000.00 as dower and Taka 2,575.00 for maintenances for the period of iddat. The decree was drawn up on 17-8-89 under section 16(1) of the said Ordinance. 3..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....g from month of Poush 1376 BS to the month of Agrahayan 1378 BS then the respondent would get back the land and that in case of failure of the respondent to repay the consideration money within the stipulated period he would have no right to claim the land or anything from the appellant. It is t......h of Poush 1376 BS to the month of Agrahayan 1378 BS then the respondent would get back the land and that in case of failure of the respondent to repay the consideration money within the stipulated period he would have no right to claim the land or anything from the appellant. It is the of the a..Category: Property Law | Date: | Hits: 88
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......dence which it failed to produce earlier whatever be the reason. In the circumstance of the case, we do not think it just and proper to direct a re-trial and thereby put the respondents to another period of harassment for further few years in the hand of an inept prosecution. 18. It..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ing the application was allowed. The ground of maintainability was formulated as under: “For that the respondent not having preferred any appeal to the President within the period of six months from the date on which the respondent was informed of the order of removal fr..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......erefore its interpretation should be liberal to meet the needs of the time and demands of the people. ……….(72) Per BB Ray Chowdhury J (agreeing): A Constitution is framed not for a temporary period. It is designed for all time to come. The interpretation of constitutional expressions has ne..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......incurred in defending the Suit, to be recovered from the estate of the deceased plaintiff.” 11. Article 176 of the First Schedule of the Limitation Act, 1908 provides a period of limitation of 90 days from the date of death of the deceased plaintiff for making an appl..Category: Property Law | Date: | Hits: 88
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......e from duty and misconduct. He, however, denied the charges. The enquiry proceeding, due to pendency of the Appeal in the civil Court noted earlier, having not been completed within the prescribed period of 120 days the proceeding ended automatically and thereby respondent No.1 stood released fr..Category: Administrative Law | Date: | Hits: 119
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......xercise of its judicial power, the High Court Division was competent to examine the outside limits of the bar created under aforesaid paragraph 19(2), Dr Hossain argued that martial law regimes are periods of transgression and when the Constitution is revived, the court in exercise of its judicia..Category: Administrative Law | Date: | Hits: 125
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......implementation of a development work which has to be completed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest l..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......n and sentence and a Division Bench of the High Court Division by the impugned judgment and order dated 6th April 1993, dismissed the same but reduced the sentence of the accused-petitioner to the period already undergone by him i.e. about 2 years. 3. Mr. Abdul Malek, learned Advoc..Category: Criminal Law | Date: | Hits: 92
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......e road in the groundfloor and another shop room in the first floor just above the said room of the ground floor. The plaintiff then deferred the construction work of the first floor for an indefinite period, as a result of which their mutual relationship became strained. During the first week of Apr..Category: Tenancy Law | Date: | Hits: 93
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......order dated 28th November, 1991 allowed the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the required period, calculated from the date of the decision to acquire the said land under proviso to section 4..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... filed written statement contending, inter alia, that public power supply was restored at 11-00 AM of 19-5-9 1 which was disrupted for only 17 hours and well within the ‘no claim’ period of 24 hours: that the continued failure was not due to public power supply but due to faults..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......gality in passing the order dated 25-5-1995.” 6. It is contended on behalf of the defendant-petitioners that for relief of declaration of title, as prayed for in the plaint, the period of limitation is six years as enjoined in Article 120 of the Limitation Act, and since the r..Category: Property Law | Date: | Hits: 52
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