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Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....her Vs. Khirode Bala Debya, 12 D.L.R. 745. The learned Chief Justice in that case observed that- "But where a person who was a party to the suit and has been made a party to the appeal, but at the time of hearing the appeal it is discovered, that such a person died before the appeal was preferr......resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....ist of freedom fighter workers in the office of the Mill. There were no records of attendance etc. The petitioner expressed his difficulty in preparing such a list without records after such a long time. But the list was prepared at the dictation of Mr. Md. Mobaidur Rahman and the petitioner had n......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....rehended or surrenders to bail custody. As against that order of conviction and sentence Amar Kumar Nag @ Ratu Nag having submitted to the police, had preferred this appeal from Jail when at the time of admission of this appeal he was enlarged on bail to the satisfaction of the Deputy Commiss......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....t to be contributed by the cargoes owner and/ or the ship owner the suit is premature as no cause of action arises for instituting the present suit till the adjustment. 6. Mr. M. Hafizullah at the time of hearing of the Rule raised a preliminary objection as to want of jurisdiction of this Admira......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Wahid Halder Vs. Election Commission & others, 1988, 17 CLC (HCD)
....or to the Returning Officer or to the police authority about his allegation that opposite party compelled him to submit a report that poll was not held peacefully, till 23.4.88 when for the first time he made such allegation before the Secretary, Election Commission" and in the last but one pa......r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119...Category: Election Law | Date: | Hits: 80
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....nance, 1983 the character and right of the Chairman of such Parishads and as such they had no right to participate in the no-confidence proceedings and vote for the no-confidence motion. 5. At the time of hearing Mr. Serajul Huq, the learned Counsel for the petitioner, however sought for leave to......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....thers reported in 48 DLR(AD) 160 wherein their Lordships observed in paragraph 11:- “On a careful consideration of the evidence of P.W.1 Lehajuddin (pre-emptor) it appears that he for the first time came to know about the transfer from P.W.2 Sekander Ali, uncle of P.W.1 Lehajuddin who lives in......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....ed deed of gift dated 16/04/1952 and delivered possession thereof and said Ramjan Ali Sowdagar being father guardian used to look after the said property for and on behalf of the plaintiff for some time and thereafter the defendant No.7 of the suit was appointed as agent of the plaintiff to manage......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....the suit land on 12.03.1993 with the help of miscreants and that the caretaker, being threatened on his life by the defendant, did not inform the plaintiff about said dispossession at that point of time but subsequently on 15.03.1997 the caretaker informed the plaintiff, who normally resides abroa......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.....1976 without serving notice upon the owners of the suit land which is a clear high hardness and it has been proved that Rustom Ali did not establish the said Bazar on the suit land at the relevant time and further, a plain reading of Section 2(3) of the East Pakistan Hats and Bazars (Establishm......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...Category: Property Law | Date: | Hits: 33
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....t Judge is in seisin of the matter. At such, we are not going to make any observation on merit. 9. Let the District Judge, Dhaka, be directed to decide the matter by 31st January, 2011. In the meantime, the parties are directed to maintain status quo till that date. However, let the interim order...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....ssession of the suit property to the plaintiff immediately following the bainapatra dated 30-11-83. It has been farther alleged that as the requisite stamps for registration were not available at the time of the agreement for sale, the sale deed in respect of the suit property could not be executed ......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....y unsuccessfully moved this Court against the order of injunction and then moved the Appellate Division and obtained the stay order on 30th of July, 2001 in chamber which was ultimately extended from time to time and taking advantage of that stay order, the final result of election was published on ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
....ssed the appeal holding that the evidence on record indicates that the petitioner directly committed the offence on board daylight in presence of the witnesses and the offence took place on the date, time, place and in the manner as alleged and that the learned Session Judge, Hobigonj, on discussing...... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....al attacked them with deadly weapons like Dao, Lathi, Ballam, Holonga, Ekkattas unlwafully trespassed into the house of informant's uncle Fazar Ali and began to abuse them in filthy language. At that time informant's cousin Billal came out of his hut and forbade the accuseds not to abuse them. On th......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....ture. The learned Additional Attorney General also submitted that there are sufficient materials on record against the accused-respondents have been disclosed by the evidence of P.W.1 in respect of time, place and recovery of arms and ammunitions which are corroborated by the P.W.2 as one of the......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
....90,000.00. Virtually, the transfer was made by not a registered kabala but by a registered deed of ewaz-nama, showing consideration for TK. 25,000.00 instead of the actual valuation prevailed at that time. Therefore, the suit is liable to be dismissed. 4. Mr. Mahmudul Islam, learned Counsel, ap...... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...Category: Property Law | Date: | Hits: 52
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....earing No.48 of 2006 (Family) for dissolution of marriage stating, inter alia, that the plaintiff belongs to Hindu religion. Before 23 years ago she married the present petitioner and at the same time she became a Muslim. After marriage two sons were born in the wedlock. Before marriage the defe......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....ted the application and vacated the earlier order relating to the ascertainment of the valuation of the suit and accepted valuation mentioned in the plaint to be final. 9. The petitioners at the time of hearing filed two documents which show that the valuation of the land would be not less than......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..Category: Civil Law | Date: | Hits: 65