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Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff’s pleadings. Special damage, on the other hand, is damage of such a kind that will not be presumed by the law and must therefore be expressl......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....espondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defendants, on the other hand, claim that the suit jote was sold in auction in Title Execution Case No. 525 of 1928 and purc......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....of Act II of 1947. It was alleged that petitioner No.1 Khondker Mahtabuddin Ahmed got a sanction for an overdraft limit of $ 23, 17, 500, 00 in favour of Bengal Liner Ltd. for acquisition of a second hand vessel. The overdraft was to be released upon performance of certain conditions. But the petiti......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......al cases, referred to in the grounds of detention, ended in final report. No concise statement has been filed by the respondents to deny the truth or otherwise of these assertions which were taken note of while granting leave to the appellant. In such circumstances the first point urged b..Category: Criminal Law | Date: | Hits: 99
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....by the Subordinate Judge, 1st Court, Mymensingh, in Other Class Appeal No. 32 of 1987. 2. The heirs of the defendant Chitta Ranjan Chakrabarty are the appellants. The original plaintiffs Janendra Chandra Roy and his mother Suhashini, were the owners of Municipal holding at Amlapara Ganguly Road w...... instrument has been registered under the Registration Act, the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.” 9. The..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....gal order from respondent No. 3 upon an ante-dated application extending his service up to 31-12-95. Respondent No. 4 on 2-10-95 and again on 12-10-95 and again on 12-10-95 directed the petitioner to hand over charge of the office of the Headmaster to the writ-petitioner but he did not comply with t...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....64 respectively) Judgment Bimalendu Bikash Roy Choudhury J.- The suit out of which these two appeals arise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali P......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....ed to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Charan Singh and another vs. Janak Deo Singh and others, AIR 1932 All 694; Durga Prasad vs. Deep Chand, AIR 1954 SC 75; Kafiluddin vs. Samiruddin, AIR 1931 Cal. 67;RC Chandiok vs. Chuni Lal Sabharw...... 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
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....itten Arabic (Arabic-English) (1974)/Hans Wehr:’ ‘(muamala). treatment, (and other). A1-Mawrid (Arabic-English) (1988)/Dr. Rohi Baalbaki: (muamula)—processing; treatment; handling; application, petition, request, motion (and others). Arabic-English Dictionary (19......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... suit lands. The plaintiff claimed that he purchased the same in the name of his eldest daughter, defendant No. 1 which was, of course, denied from the side of the defendants. It is admitted on all hands that the concerned kabalas stand in the name of defendant No. 1. Both the trial Court and the...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....e a complete usufructuary mortgage and such complete usufructuary mortgage would be limited to a period of 7 years after which the land under mortgage would be redeemable. Section 95A, on the other hand, conceives a case where there is a transaction of sale with an agreement of reconveyance or w......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 ..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....dent No. 2 filed a petition of complaint before the Thana Magistrate, Tarali, alleging, inter alia, that on the 1st of Bhadra 1395 BS the appellant took a loan of Taka 20,000.00 from him by signing a hand note with a promise to repay the same on demand. But subsequently, the appellant avoided repayi......No. 2 filed a petition of complaint before the Thana Magistrate, Tarali, alleging, inter alia, that on the 1st of Bhadra 1395 BS the appellant took a loan of Taka 20,000.00 from him by signing a hand note with a promise to repay the same on demand. But subsequently, the appellant avoided repaying th..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....petition to the Sub-Divisional Officer, Sadar (North), who in his turn deputed a Magistrate for necessary action. After enquiry the Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to defendant No. 2 giving rise to the cause of action for sui......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 ..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....28 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On the same date a contemporaneous agreem......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... 2 filed written objection against the prayer for temporary injunction. On 29-4-95 the plaintiff filed an application for mandatory injunction against defendant No. 2 for a direction to hand over charge of the said Chamber of Commerce and Industries to its Exec Committee before hearin...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ip;….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For......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 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....Principle 3: The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. Principle 10: Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national lev...... to a stimulating essay, “Should Trees Have Standing? Toward Legal Rights for Natural Objects” by Prof. Christopher D. Stone, 45 C L Rev, 450 (1972). Prof. Stone concluded his essay with stirring note: “How far we are from such a state of affairs, where the law treats “environmental obje..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....ve Tribunal. 8. Evidently his point was raised before the appellate Tribunal which after perusing the relevant office file held that the Hon’ble President himself under the own hand had passed the impugned order dismissal and as such the Administrative Tribunal acted illegall......passed the impugned order dismissal and as such the Administrative Tribunal acted illegally in setting aside the impugned order of dismissal. It appears that the Administrative Tribunal itself also noted that the impugned order of dismissal had been passed without the approval of the Hon’b..Category: Administrative Law | Date: | Hits: 133
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