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Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......e of Taka. 2 lacs and file a suit for specific performance". (emphasis added). 7. Section 24(b) provides that "specific performance of a contract cannot be enforced in favour of a person who has become incapable of performing, or violates any essential term of the contract that ..Category: Property Law | Date: | Hits: 69
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... against the respondent and his relations alleging that it transpired shortly after their marriage that the respondent was a greedy man of loose moral character. At the instigation by other accused persons he put pressure upon her to bring dowry of Taka one crore from her father and started thre..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......s of 'equity' to avoid gross injustice particularly when the injustice results from strict application of any rule or procedure of law. This principle applies to a case where a promise is made by one person to another, relying on which the promise has materially altered his position, but subsequentl..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....he date of service of notice but he struck out 21.10 90 and wrote 28.10.90 over the same. In the disciplinary proceeding the process server Pulak Chandra Das was found guilty of overwriting by the Inquiry Officer, the learned District Judge, Cox’s Bazar and upon serving a second show cause......as appointed as Commissioner to file report within 3 days. The Advocate Commissioner filed his report on 22.10.90 swing that at the time of inspection of the suit land the defendants and many local persons were present and that a pucca construction was being made on the suit land hurriedly. He a..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... ground that in view of clause (5) of Article 102 of the Constitution the appellant, being a member of the Army Medical Corps, does not come within the meaning of the expression "an aggrieved person" used in clause (2) of the same Article. 2. The appellant contends that as the i..Category: Constitutional Law | Date: | Hits: 203
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......port of his writ petition the learned Advocate for the petitioner relied upon the case of Khagendranath Nails vs. Umesh Chandra Nath, AIR 1958 (Assam) 183, in which it was held that the fact that the person had preferred an appeal against conviction and sentence and the appeal was pending at the tim..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......stoppel as described in this section is known as tenant’s estoppel or estoppel by contract. This estoppel is founded upon a contract between the tenant and, the landlord. It provides that when a person enters into possession of immovable property as a tenant of another person then neither he n..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......eans any text-book for primary school or secondary schools up to class VIII published by, or under the authority of, the Board. 3. Prohibition of printing etc., of note-books.- (1) No person shall print, publish, import, sell, distribute or in any manner put into circulation or kee..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......n AIR 1978 Calcutta 140. That decision is of no help to him as in that decision it has been held that any interest, however slight and even bare possibility of an interest, is sufficient to entitle a person to make out an application for revocation. In the present case no interest whatsoever, immedi..Category: Others | Date: | Hits: 99
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......nal and relevant offices, after proper scrutiny of their service record, and be appointed before any new staff is taken in from outside, keeping the door open for the Authority to recruit new person “after absorption” of the present one, observing. “This is a unique case a..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... Prevention of Corruption Act, 1947. The lengthy complaint was made in the backdrop of an occurrence that took place on the outskirts of Dinajpur town in the morning of 24-8-1995 in which some police personnel were alleged to have committed rape on and murdered a young girl named Yasmin. It was alle..Category: Anti-Corruption Laws | Date: | Hits: 92
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....n for service nor in his annual confidential report which were done by others. The aforesaid Deputy Secretary, Ministry of Home Affairs also appointed a Joint Secretary Ministry of Home Affairs as Inquiry Officer to enquire into the allegations against the appellant The Inquiry Officer did not e......Respondent cannot be heard to say that the appellants had no power to relieve him from service. Even if the action of the appellants was not strictly sanctioned by law, the respondent was not the person to make any grievance of it, because he wanted a beneficial, order in his favour and the ap..Category: Administrative Law | Date: | Hits: 138
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 ......on under section 47 of the Code of Civil Procedure whereupon Miscellaneous Case No. 38 of 1978 was started. 4. The appellant’s objections were that the decree-holder was not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and tha..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 ...... agreement is lawful, unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. ..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. ...... decree of the Court below. 2. Leave was granted from the said judgment and order of the High Court Division to consider the appellant’s submission that the right to maintenance is guided by the personal law of the appellant and her son and that the High Court Division wrongly held that the app..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....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. ...... to be fake. The committee members were examined as P.Ws. 7,8,10 and 11. Admittedly the examination of the pumps was done in the absence of the supplier. However, all of them being highly responsible persons and some of them being also highly technical, their opinion cannot be altogether brushed asi..Category: Anti-Corruption Laws | Date: | Hits: 92
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. ......n his written statement that the transfer on 20-5-37 was an out and out sale with a condition of re-purchase. After some time Begumjan received Taka 99.00 from defendant Nos. 1-3 and relinquished her personal right to re-purchase the suit land and so the alleged right of redemption was extinguished...Category: Property Law | Date: | Hits: 63
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......ffence alleged and in such cases it would be legitimate for the High Court Division to hold that it would be manifestly unjust to allow process of the Criminal Court to be issued against an accused person. In that case Masud J. observed that proceeding before a Court starts when the Magistrate t..Category: Criminal Law | Date: | Hits: 71
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. ......6. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity a..Category: Administrative Law | Date: | Hits: 167
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