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Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....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 ......rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6-1-93 holding that the Misc. cases pending in the Artha 1 Adalat should be tried and disposed of by that ..Category: Business or Commercial Law | Date: | Hits: 117
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 ......ng anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be s..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....t for simple partition is not maintainable. 5. The lower appellate Court concurred with the findings of the trial Court and additionally found that the partible property is admittedly a non agricultural property within Kushtia Municipality. Under section 107 of the Transfer of Property ......ough it has been proved that plaintiff No. 1 is in possession of a part of the suit property the basis of the title of the plaintiffs has not been proved and therefore the trial Court was right in holding that before partition the plaintiffs have to establish their right and title to the suit pr..Category: Property Law | Date: | Hits: 77
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 ......bubuddin, learned Counsel who appeared for the appellant substantially raised the following questions for consideration in this appeal: (1) Whether the High Court Division was justified in holding that the trial Court was not competent to raise an issue suo motu on title by adverse poss..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 ...... revision and obtained a Rule in Civil Revision No. 1366 of 1992. A learned Single Judge, by the impugned judgment and order dated 29 April, 1993, upon hearing the parties discharged the Rule holding that in enforcing a decree for money the Court may on the prayer of the judgment-debtor dir..Category: Family Law | Date: | Hits: 144
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......ejected on January 28,1995, against which he preferred the above mentioned Misc. Appeal before the Administrative Appellate Tribunal which has been dismissed by the impugned judgment and order upon holding, inter alia, that the Administrative Tribunal Act 1980 does not empower them to grant any ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....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 ...... Judgment: ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning ..Category: Others | Date: | Hits: 85
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 ......viction and sentence as referred to above in which the impugned judgment and order were passed. 8. It was argued by the respondents that inasmuch as the learned Sessions Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded..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 ...... the respondent under paragraph 120 ch. IV of the said Orders and, as such, he was quite competent to remove him from service. 3. The Administrative Tribunal dismissed the case after holding that the Controller and Auditor General being the appointing authority was competent to pa..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....convicted prisoners, women distress, children in jails and juvenile organizations bonded and migrant labourers, unorganised labour slum and pavement dwellers, untouchables, scheduled tribes, landless agricultural labour, victim of extra-judicial executions, degradation environment and so on. Like th...... that the Parishad could not maintain the writ petition in a representative capacity on behalf of its members and approval was given to the decision in the case of Dada Match Workers Union 29 DLR 188 holding that a trade union cannot maintain an application under Article 102 of the Constitution aski..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. ......eirs of the said plaintiff to proceed with the Miscellaneous Case and with the suit itself. A learned Single Judge of the High Court Division by the impugned judgment and order discharged the Rule holding, inter alia, that the petitioner’s application dated 28-4-85, filed in the aforementi..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......atisfactory. 4. The Administrative Tribunal, however, by its judgment and order dated 7-5-94 allowed the said case and set aside the order of dismissal of the petitioner from service holding, inter alia, that, the order of dismissal had been passed without consultation with the Sup..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... being a monthly ejectable tenant under the plaintiff-respondent. Therefore not much can be achieved by establishing this point. 4. Mr. Pal next submits that the Courts below were wrong in holding that the lease expired on 1-1-90, which is contrary to section 106 of the Transfer of Prop..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ...... the evidence on record disbelieved the case of the appellants that they had come to know for the first time the ex parte decree on February 22, 1988 and accordingly dismissed both the Misc. Cases holding, inter alia, that the same are barred by limitation, being filed long beyond 30 days of the..Category: Property Law | Date: | Hits: 76
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. ......ce on 22-12-84 under Rule 4(3) of 1984 Rules charging him with the offence under rule 3(Ga) and 3(Kha) thereof and he replied in writing to the said show cause notice to respondent No.6; that after holding necessary enquiry in the said departmental proceeding, the concerned authority released him..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ount specified therein being the conclusive proof that the amount was due, there was nothing left to be determined and, as such, the learned Judges of the High Court Division have erred in law in holding that the Certificate Officer had signed the certificate in a mechanical manner without d..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
...... or investigation. Here the Ordinary meaning is required to be given to the word ‘report’ unlike a report filed by a Police Officer upon investigation. The High Court Division is plainly wrong in holding that “it is clear when there is provision for taking cognizance on the basis of a report, ..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......cused No. 1 (the petitioner) and accused No.2 persuaded the complainant to make over Taka 3,00,000.00 which he had with his brother-in-law and also 5 cheques for a total amount of Taka 4,00,000.00 holding out hopes that they would run a fish business in Saudi Arabia which would fetch a good prof..Category: Criminal Law | Date: | Hits: 79
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ellip;………..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land t..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......nce, 1984 referring two questions of law for decision which are as follows: “(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the difference arising out of refixation of price of stock of petroleum products is w..Category: Fiscal/Taxation Law | Date: | Hits: 97
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